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BILL # SB 1452 |
TITLE: dependency; kinship care; aggravated circumstances |
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SPONSOR: Barto |
STATUS: As Amended by Senate HHS |
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PREPARED BY: Patrick Moran |
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The bill would broaden the criteria for termination of parental rights (TPR) for children in Department of Child Safety (DCS) custody to include certain cases of in utero substance exposure, and would require DCS to file for TPR more quickly in some circumstances. The bill would also require DCS to conduct searches for kin of foster children within specified timeframes, require the court to consider additional factors in evaluating whether a kinship placement is in the child's best interests, and establish a presumption that it would not be in a child's best interests to change placements if the child has been in a foster placement for at least six months.
Estimated Impact
The fiscal impact of the bill varies by provision. To the extent that expanding the criteria for TPR to include certain in utero substance exposure cases increases the number of parents subjected to TPR, the bill could increase the number of children exiting foster care for adoption, which may increase the costs of the adoption program. The net fiscal impact of this provision depends on what the child's permanent placement would have been if the child had not been adopted.
The bill could lower DCS costs if the new statutory timeframes for filing TPR reduces the time spent in out-of-home care by children who are adopted, or if it decreases the amount or duration of out-of-home support services offered to parents of children in out-of-home care. The changes to the kinship care program may increase the rate of kinship placements, which could also reduce DCS costs due to the lower cost of kinship care compared to other placement options.
Since both the TPR process and kinship placements are subject to discretionary determinations by the courts with respect to the best interests of the child, the magnitude of these changes cannot be determined in advance.
There could also be administrative costs associated with development of a system to track infants entering DCS custody due to in utero substance exposure as well as costs associated with the use of private investigators in kinship searches. The magnitude of these costs is unknown.
DCS has not yet provided an estimate of the bill's impact.
Children placed in temporary state custody as a result of child abuse or neglect exit state custody through 4 main pathways: reunification with the child's parents or primary caretaker, placement in an adoptive home, entering into a permanent guardianship arrangement, or, for children that do not find a permanent placement before turning 18, entering the Independent Living program. Prior to placing a child in state custody for adoption, statute requires that the court terminate the parental rights (TPR) of the child's parents.
The bill would make changes to the legal grounds the court may consider in determining whether to terminate parental rights. In utero substance exposure would constitute grounds for TPR if the parent intentionally or unintentionally allowed the child to ingest dangerous drugs or if there is evidence of the parent's long-standing use of drugs. The court would also be prohibited from authorizing reunification services in such cases. DCS would also be required to maintain a
(Continued)
goal that substance-exposed infants who are taken into state custody be placed in a permanent placement within a year of the filing of the dependency petition for state custody. There is currently no timeframe in statute specific to
substance-exposed newborns. DCS would also be required to develop a system by July 1, 2019 to track the number of infants entering DCS custody due to in utero substance exposure.
By expanding the potential grounds for TPR to include some parents with substance-exposed newborns, the bill could result in an increase in the number of parents that are subjected to TPR. A higher number of TPRs could increase the share of foster children that exit DCS custody through adoption. To the extent that such children would otherwise exit
foster care through other pathways, the bill could generate additional state costs for adoption subsidies. The magnitude of such costs is unknown, however, as the decision to grant TPR would still be subject to the discretion of the courts.
There also could be administrative costs for DCS to establish a system to track the number of infants entering foster care as a result of substance exposure. The department has not provided an estimate of these costs.
The bill would also change statutory timeframes for filing of TPR and adoption proceedings. Current statute requires the court to hold a permanency hearing for a child in out-of-home care within 1 year of the child being removed from home to determine the future permanent legal status of the child (6 months for a child under age 3, or 30 days after the court determines the appropriate placement for the child if no reunification services are being provided to the child's parents).
If the court determines at the permanency hearing that TPR is in the child's best interest, DCS is required to file for TPR within 10 days of the court's determination. The court is then required to hold an initial TPR hearing within 30 days after the permanency hearing and, if the TPR petition is contested, the adjudication must occur within 90 days of the permanency hearing.
The bill would require DCS to file for TPR before the current deadline:
· For children under age 3 that enter temporary custody, the department would be required to file notice with the court within 2 weeks of the child's removal assessing whether there were certain aggravating circumstances associated with the child's removal. If the court agrees that aggravating circumstances are present, the court would be prohibited from ordering reunification services in such cases. The department would be required to file for TPR within 10 days of the court's determination.
· The department would also be required to file for TPR if parents do not demonstrate substantial compliance with reunification services within 165 days. If the parent refuses services or already demonstrates a lack of compliance within the first 90 days, however, DCS would be required to discontinue services and file for TPR at that time.
If DCS files a TPR, the court would be required to hold an initial TPR hearing within 30 days of the filing of the petition (instead of 30 days from the permanency hearing under current law). If the TPR petition is contested, the bill would require the TPR adjudication to be completed within 90 days after the initial hearing.
The bill would also require adoption to be completed 6 months following the permanency hearing, if possible. Based on the current law requirements for timing of permanency hearings, this provision in the bill would effectively require adoptions to be completed 12 to 18 months after the child is removed, unless no reunification services were ordered at the time that the court determined the appropriate placement for the child, in which case the amount of time would be less. The current average time spent in out-of-home care for children that are adopted is 26 months.
The modification of timeframes for filing TPR and the completion of adoption proceedings may reduce time spent in out-of-home care for children who are adopted, which may decrease DCS' costs. In addition, to the extent that DCS is required by the courts to offer reunification services to parents for less time or in fewer circumstances compared to current law, the bill could reduce DCS costs by reducing expenditures on support services for parents with children in DCS custody. The magnitude of these effects would depend on whether these statutory changes could affect the court's assessment of whether a termination of parental rights is in the child's best interest, which cannot be determined in advance. There could also be additional administrative costs for DCS associated with filing TPR petitions within shorter
(Continued)
timeframes compared to the department's current practices. The department has not yet provided an estimate of these potential costs.
The bill also requires DCS use due diligence, including the use of private investigators, to identify and notify adult relatives of children taken into temporary custody within 30 days of the child's removal from the home. If an adult relative is identified, DCS would be required to place the child with that relative if it is in the child's best interests within 30 days of
the completion of the initial kinship search efforts. The bill would also establish additional factors the court would be required to consider in determining whether a kinship placement is in the best interests of a child, and establish a presumption that it would not be in a child's best interests to change placements if the child has been in a foster placement for at least six months.
The kinship program changes may increase the number of children placed with kin relative to current law. Kinship placements are less costly to the state than licensed family foster homes and congregate care since unlicensed kinship caregivers are not eligible for monthly maintenance subsidies. As a result, any increase in the rate of kinship placements resulting from the bill would likely reduce state costs. On the other hand, costs for DCS could increase if the 30-day timeframe for conducting kinship searches bill results in DCS spending additional resources spent on private investigators or other costs associated with such activities. The impact of these changes is difficult to determine in advance, however, given that a child's placement would continue to be subject to judicial determinations regarding the child's best interests.
Local Government Impact
None
2/19/18