News Item

Senate Bill 282 - The Foster Children's Placement Stability and Accountability Act

Posted on Jul 13, 2007

Senate Bill 282 has been introduced for child welfare and increased enforcement of proper foster care. SB 282 requires Department of Human Services or any other welfare agency, which has been appointed the guardian or legal custodian of the child to make all due efforts to maintain familial relationships.

The bill requires the court that is placing the child in department or agency custody makes written findings on whether the department actions constitute diligent efforts, and give a brief description of those efforts.

The bill also modifies provisions which govern when permanency hearings must be held. The bill also ensures that the child in foster care continues proper education and directs the department to make diligent enquiries in this regards, and if necessary place the child in another foster care ensuring child’s education.

SB 282 focuses on getting stronger evidence when deciding the care of the child. It promotes placement of the child with relatives which gives children more stability and permanency when the relatives can either adopt or become permanent guardians.

Increased stability improves mental health outcomes for foster children who have already been removed from their homes due to abuse or neglect. By placing siblings together in foster care helps maintain family bonds and also improves placement stability of foster children.

SB 282 ensures that if a child or ward needing foster care has a sibling with similar foster requirement than all efforts should be made to place the siblings together. The efforts taken for such placement shall be reported to the court.

The department should also give preference to place the child or ward into foster care of relatives and persons who have caregiver relationship with the child. Such persons can also those with whom the child has a close personal relationship.

When deciding on persons with familial and personal relationship for substitute care, it must also be taken into consideration whether the child’s sibling who also requires placement or continuation in substitute care can be placed in the same home.

SB 282 also requires the court to specify the frequency and type of visitation by natural parents and siblings of the child. The Department is responsible for developing and implementing a visitation plan which is consistent with the court’s order.

SB 282 also states that if a child or ward has been surrendered for adoption or the parental rights have been terminated by court, the department must initiate adoption proceedings within six months of surrender or parental rights termination. The court shall conduct a permanency hearing within 30 days after the receipt of the report required. If necessary, such permanence hearings will continue at least once every six months.  After one year, the court will decide whether it is in child’s best interest to revoke the termination or surrender of parental rights.

When placing into foster or substitute care, the child’s or ward’s mental health, physical care stability, sibling, familial and personal relationships, and continued education are paramount concerns of this bill. 

Posted by CalICWA Webmaster