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F I S C A L I M P A C T R E P O R T

SPONSOR Sanchez, M

DATE TYPED 2/3/2005 HB

SHORT TITLE Extend Temporary Placement of Children Times

SB 242

ANALYST Dunbar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children Youth and Families Department (CYFD)

Attorney General (AG)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 242 extends the time for temporary voluntary placement of children into CYFD cus-

tody, from ninety days to one hundred eighty days. The bill also provides that the child can re-

main an additional one hundred eighty days upon order of the court whereas previously the limit

was an additional ninety days. The proposed amendment extends the maximum allowable time

in voluntary placement (with court extension) to a total of 360 days. The bill contains an emer-

gency clause.

Significant Issues

The existing time limitation on voluntary placement frequently does not provide adequate time

for CYFD to provide necessary long-term services to children who must be in state custody to

qualify for those services. For example, the proposed amendment would provide CYFD

adequate time to successfully assist families whose daughters under the age of 18 have had

Senate Bill 242 Page 2

babies, and who are in need of services available (due to funding considerations) only to children

in CYFD’s legal custody. CYFD also indicates the extended time for voluntary custody provides

a less restrictive, more supportive alternative to filing neglect petitions against these young

mothers. It is not best practice to force involuntary custody on a young mother who is willing to

give the state voluntary custody in order to get needed services and assistnace. The proposed

amendment includes an emergency clause, to accommodate the immediate needs of teens cur-

rently participating in the Life Options program. Life Options provides skill-building and sup-

port services to young mothers under the voluntary placement provisions of Article 3A of the

Children's Code. Life Options is a one-year program, so the emergency clause will extend the

placements of current participants for the duration of the service.

ADMINISTRATIVE IMPLICATIONS

CYFD says the proposed amendment would reduce administrative burden by eliminating the

need to file neglect petitions.

According to AOC extending the time frames for temporary voluntary placement of children

outside the home may have a positive impact on caseloads for the courts. SB 242 provides the

opportunity for families who are in critical need of treatment and other services to work with

CYFD for longer periods of time through voluntary placement of children without involving the

courts.

BD/lg