HomeMy WebLinkAboutMINUTES - 05152007 - C.31 TO: BOARD OF SUPERVISORS Contra
FROM: Joe Valentine, Director
Costa
Employment & Human Services Department �' IH ,`s
DATE: April 24, 2007 °°srAco;", County
SUBJECT: Support Assembly Bill 714 (Maze, Bass): Adoption, Release of Information
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BAO(GROUND AND JUSTIFICATION
RECOMMENDATION
SUPPORT Assembly Bill 714 (Maze), legislation which would ensure that previously adopted
children, who return to the foster care system, are afforded the opportunity to explore birth family
connections and achieve permanency, as,recommended by the Employment and Human
Services Director.
FINANCIAL IMPACT
No financial impact.
CHILDREN'S IMPACT STATEMENT
This legislation impacts Outcome 1 (Grow Up Healthy) and Outcome 3 (Grow Up Safe and
Nurtured).
BACKGROUND
For a child, few tragedies are greater than the loss of a parent. It is heartbreaking crisis when a
previously adopted child is back in the foster care system due to ndoption disruption or the death
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
__,,tfF2ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMEND LION OF BOARD COMMITTEE
✓APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOVD IN 1 Sr�n APPROVED AS RECOMMENDED_OTHER
VOTE OF SUPE ISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENTt7( ) AND ENTERED ON THE MINUTES OF THE
T BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: 0-5I'I �o
Contact: Karen Mitchoff,EHSD(3-1676) JOHN CULLEN,CLERK OF THE BOARD OF
cc: Lara Delaney,CAO SUPERVISORS ND COUNTY ADMINISTRATOR
C.Christian c/o CAO
BY DEPUTY
AB 714 (Maze) Board Order
May 17, 2007
Page 2
or incapacitation of an adoptive parent. It is imperative that these children are afforded the same
opportunities to reconnect with members of their birth family as other children in the foster care
system.
While an adoptive parent may have made a permanent plan for the adopted child in the event of their
death or incapacitation, there are circumstances where those plans cannot be implemented. In order
to reduce the number of adopted children returning to long-term foster care, public child welfare
agencies throughout the country are establishing programs that review old case records of the child
to try to locate relatives and other non-related connections from the child's history. These programs
have been very successful in connecting children to adults in their past and achieving permanency
for these children. Many relatives and extended family members may not have been in a position to
care for the child when the child initially entered foster care; however, years later their situation, as
well as their ability to care for the child, may have changed for the better.
Currently, child welfare agencies in California are permitted to petition the court to review family
records of adoptees; however, these agencies are prohibited from sharing essential information in
the case records to try to recruit a birth family member or relative that could possibly care for the
child. Without this ability to exchange information, a child is much more likely to remain in foster care
for the rest of his/her minor years with no connections when s/he leaves the foster care system.
AB 714 would provide that, with respect to a child who was previously adopted, was previously a
dependent of the court, and is in the custody of the department or a licensed adoption agency, the
department and any licensed adoption agency may search for a relative and furnish information
relating to the child to that relative if it is believed the child's welfare will be promoted.
AMENDED IN ASSEMBLY APRIL 9, 2007
AMENDED IN ASSEMBLY MARCH 26, 2007
CALIFORNIA LEGISLATURE-20o7—O$REGULAR SESSION
ASSEMBLY BILL No. 714
Introduced by Assembly Members Maze and Bass
February 22, 2007
An act to amend Section-9-2�361.3 of the Family Code,relating to
adoption.
LEGISLATIVE COUNSEL'S DIGEST
AB 714, as amended, Maze. Adoption: relatives: release of
information.
Existing law requires that, in any case in which a child is removed
from the physical custody of his or her parents pursuant to specified
provisions of law, preferential consideration be given to a request by
a relative of the child for placement of the child with the relative.
Existing law prohibits the State Department of Social Services and
licensed adoption agencies from releasing information that would
identify persons who receive,or have received,adoption services, except
as specified. Existing law ereates eertain exeeptiotts te this prohibition,
adoption agettey to fttrnish information relating to an adoption petition
. le welfare ageney lieettsed by the
,
provider o
."-steer'e-Arep serviees, potential adoptive parent-, or provider of hea4th
eare, as defined, if it is believed the ehild's Welfiffe will be promote
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AB 714 —2—
This
2—
entities,the department and mty heensed adoption ageney may f6mish
infortnation relating to a eltild who has been previously adopted, who
Ily a dependent of the eourt, and who is in the ettstody e
the department of a lieeftsed a4aption ageney to a potential foster pare
or another potenfial earetaker if:it is believed the ehild's welfftre will
be prometed thereby. The bill wott4d provide that, for the putposes o
to the ehild by blood, if speeifie4 eireumstattees exist.
This bill would provide that, with respect to a child who was
previously adopted, was previously a dependent of the court, and is in
the custody of the department or a licensed adoption agency, the
department and any licensed adoption agency may search for a relative
and furnish information relating to the child to that relative if it is _
believed the child's welfare will be promoted thereby. The bill would
provide that,for the purposes of these provisions, a relative includes a
member of the child's birth family and nonrelated extended family
members, regardless of whether the parental rights were terminated,
provided that specified circumstances exist.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. It is the intent of the Legislature to support
2 counties in their work to promote finding families for children who
3 are in the foster care system. In doing this work, counties have
4 discovered children who were adopted, but their adoptions were
5 disrupted and the children's custody was returned to the counties.
6 These children should be afforded the same opportunity to explore
7 birth family connections and achieve permanency as children who
8 remain in planned permanency living arrangements.
9 SEC. 2. Section 361.3 of the Welfare and Institutions Code is
10 amended to read:
11 361.3. (a) In any case in which a child is removed from the
12 physical custody of his or her parents pursuant to Section 361,
13 preferential consideration shall be given to a request by a relative
14 of the child for placement of the child with the relative. In
15 determining whether placement with a relative is appropriate, the
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-3— AB 714
1 county social worker and court shall consider, but shall not be
2 limited to, consideration of all the following factors:
3 (1) The best interest of the child, including special physical,
4 psychological, educational, medical, or emotional needs.
5 (2) The wishes of the parent, the relative, and child, if
6 appropriate.
7 (3) The provisions of Part 6 (commencing with Section 7950)
8 of Division 12 of the Family Code regarding relative placement.
9 (4) Placement of siblings and half-siblings in the same home,
10 if that placement is found to be in the best interest of each of the
11 children as provided in Section 16002.
12 (5) The good moral character of the relative and any other adult
13 living in the home, including whether any individual residing in
14 the home has a prior history of violent criminal acts or has been
15 responsible for acts of child abuse or neglect.
16 (6) The nature and duration of the relationship between the child
17 and the relative,and the relative's desire to care for,and to provide
18 legal permanency for, the child if reunification is unsuccessful.
19 (7) The ability of the relative to do the following:
20 (A) Provide a safe,secure,and stable environment for the child.
21 (B) Exercise proper and effective care and control of the child.
22 (C) Provide a home and the necessities of life for the child.
23 (D) Protect the child from his or her parents.
24 (E) Facilitate court-ordered reunification efforts with the parents.
25 (F) Facilitate visitation with the child's other relatives.
26 (G) Facilitate implementation of all elements of the case plan.
27 (H) Provide legal permanence for the child if reunification fails.
28 However,any finding made with respect to the factor considered
29 pursuant to this subparagraph and pursuant to subparagraph (G)
30 shall not be the sole basis for precluding preferential placement
31 with a relative.
32 (I) Arrange for appropriate and safe child care, as necessary.
33 (8) The safety of the relative's home. For a relative to be
34 considered appropriate to receive placement of a child under this
35 section, the relative's home shall first be approved pursuant to the
36 process and standards described in subdivision(d)of Section 309.
37 In this regard,the Legislature declares that a physical disability,
38 such as blindness or deafness, is no bar to the raising of children,
39 and a county social worker's determination as to the ability of a
40 disabled relative to exercise care and control should center upon
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AB 714 —4-
1
4-1 whether the relative's disability prevents him or her from exercising
2 care and control.The court shall order the parent to disclose to the
3 county social worker the names,residences, and any other known
4 identifying information of any maternal or paternal relatives of
5 the child.This inquiry shall not be construed,however,to guarantee
6 that the child will be placed with any person so identified. The
7 county social worker shall initially contact the relatives given
8 preferential consideration for placement to determine if they desire
9 the child to be placed with them. Those desiring placement shall
10 be assessed according to the factors enumerated in this subdivision.
11 The county social worker shall document these efforts in the social
12 study prepared pursuant to Section 358.1.The court shall authorize
13 the county social worker, while assessing these relatives for the
14 possibility of placement,to disclose to the relative,as appropriate,
15 the fact that the child is in custody, the alleged reasons for the
16 custody, and the projected likely date for the child's return home
17 or placement for adoption or legal guardianship. However, this
18 investigation shall not be construed as good cause for continuance
19 of the dispositional hearing conducted pursuant to Section 358.
20 (b) In any case in which more than one appropriate relative
21 requests preferential consideration pursuant to this section, each
22 relative shall be considered under the factors enumerated in
23 subdivision(a).
24 (c) For purposes of this section:
25 (1) "Preferential consideration"means that the relative seeking
26 placement shall be the first placement to be considered and
27 investigated.
28 (2) "Relative" means an adult who is related to the child by
29 blood, adoption, or affinity within the fifth degree of kinship,
30 including stepparents, stepsiblings, and all relatives whose status
31 is preceded by the words "great," "great-great" or"grand" or the
32 spouse of any of these persons even if the marriage was terminated
33 by death or dissolution. However, only the following relatives
34 shall be given preferential consideration for the placement of the
35 child: an adult who is a grandparent, aunt,uncle, or sibling.
36 (d) Subsequent to the hearing conducted pursuant to Section
37 358, whenever a new placement of the child must be made,
38 consideration for placement shall again be given as described in
39 this section to relatives who have not been found to be unsuitable
40 and who will fulfill the child's reunification or permanent plan
97
-5— AB 714
1 requirements. In addition to the factors described in subdivision
2 (a), the county social worker shall consider whether the relative
3 has established and maintained a relationship with the child.
4 (e) If the court does not place the child with a relative who has
5 been considered for placement pursuant to this section, the court
6 shall state for the record the reasons placement with that relative
7 was denied.
8 (fl (1) With respect to a child who satisfies the criteria set forth
9 in paragraph(2), the department and any licensed adoption agency
10 may search for a relative and furnish information relating to the
11 child to that relative if it is believed the child's welfare will be
12 promoted thereby.
13 (2) Paragraph (1)shall apply if all of the following conditions
14 are satisfied.-
15
atisfied.15 (A) The child was previously adopted.
16 (B) The child was previously a dependent of the court.
17 (C) The child is in the custody of the department or a licensed
18 adoption agency.
19 (3) As used in this subdivision, "relative" includes a member
20 of the child's birth family and nonrelated extended family members,
21 regardless of whether the parental rights were terminated,provided
22 that both of the following are true:
23 (A) No appropriate potential caretaker is known to exist from
24 the child's adoptive family, including nonrelated extended family
25 members of the adoptive family.
26 (B) The child was not the subject of a voluntary relinquishment
27 by the birth parents pursuant to Section 8700 of the Family Code
28 or Section 1255.7 of the Health and Safety Code.
29 SEGTIGN 1. Seetion 9201 of the Family Gode is amended to
30 read
31 ,
32
33 informaliett that would identify persens who reeeive, or have
34 reeeived,
35 (b) Employees ofthe department and lieensed adoption ageneies
36 shal4 release to the department M Saeramento any requested
37 information, ine�dding identifying in4brmatian, for the ptffposes.
38 of reeordkeeping and monitoring, eva�dation, and regulation of
39
97
AB 714 —6-
1
6-1 ,the depaftme
2 ot:lieensed adoption ageney mar,upon the written request of bo
3
4 between these birth and pmTeetive adoptive pments that may
5 in4dde the sharing of idewifyittg information regarding these
6 parents
7
8 upon written authorization f6r the release of speeified iitforma
9
10 prospeetive adoptive parent or bie�parew with other seeial service
11
12
13 of the Givil Godt.
14 (e) (1) Notwithstanding any other law,the departmettt and any
15
16 adoption petition or to a ehild in the etisto4y of the departmenf or
17
18
19 by the depaftment, provider of foster eare sefviees, potential
20 afloptive parent, or pro-v4fler- of health eare as defined in Seetion
21 56.96 of the
!`M1 Godee if it is believed
elie_ e the ,_1.:1,1'.. we!
_ ,.a C__ ._.:11
22
be promoted thereby-
23 (2) In addition to the persons and entities authorized to reeeive
24 information pttrsttaii+ to patagraph (1), the depaftmettt and any
25
26
27 dependent of the eottrt,and whe is in the ettstody of the depaAment
28 or Et lieettsed adoption agettey to a p6tential foster parent or another
29 potentia4 earetaker if it is believed the ehild's welfare will b-a
30 pfomated thereby. For the purposes of this paragraph, a potential
31
32 a member of the bifth fo�ly who is not related to the ehild by
33 blood, ifboth of the f6flowing are tme!
34 (A) No appropriate potential earetaker is knowit to exist from
35 the eltild's
36 .
37
38 pursttant to Seeti6n 9400.
39 (f) The deparftneftt and any lieensed adoption ageney may make
40 adoption ease reeords,ineluding idenfif�ing information,available
97
-7— AB 714
1
2 the diselosure of the identity of the ehild or the parties to
3 adoption to anyofte other thm the entity eonflueting the researeh-.
O
97