County of Santa Clara
Social Services Agency

Department of Family and Children's Services

CSFC SSA05 081804
Prepared by: Randy Parker
Social Work Supervisor
Submitted by: Norma Doctor Sparks
Director, Department of
Family and Children's
Services
DATE:

August 18, 2004

TO:

Supervisor James T. Beall, Jr., Chairperson
Supervisor Don Gage, Vice-Chairperson
Children, Seniors & Families Committee

FROM:
Will Lightbourne
Agency Director, Social Services Agency
SUBJECT: Report back on the causes related to the accelerated speed in which some minority
children in the child welfare services are being adopted.

RECOMMENDED ACTION
Accept Report Back on the causes related to the accelerated speed in which some minority
children in the child welfare services are being adopted.

Boa1d of i3upe1v1so1s Donal,j F G:~ge, 8I:~n c.~ Alvara,:Jo, Pete McHu~1l\ Jim Beall , Liz Kniss
,::;c,unt'/ E1t8CUIIV8 Pete, l<utra·:• ..11

Cornrnittee P•.genda Date :.A.u~1u·::t 1:::, ::004

FISCAL IMPLICATIONS
There is no fiscal implication associated with this matter.
CONTRACT HISTORY

Not Applicable.
REASONS FOR RECOMMENDATION

The Children, Seniors and Family Committee requested a report that examines the causes
relating to the accelerated speed in which some minority children in the child welfare services
are being adopted.
Federal and state law state that whenever a child is removed from a parent's or guardian's
custody, family reunification services are generally in the best interest of the child. However,
Section 361.5 of the California Welfare and Institutions Code states that the Juvenile Court
may not order family reunification services for a parent or guardian based on twelve legal
grounds, unless the Court finds, by clear and convincing evidence, that reunification is in the
best interest of the child. Based on three additional· legal grounds, the Court may find that no
family reunification services is needed if the Court finds by clear and convincing evidence
that the legal conditions have been met.
The Department of Family and Children's Services reviewed all cases where parent(s) did not
receive family reunification services as ordered by the Juvenile Dependency Court from
January 2002 to June 2004. The Department made the following findings based on the cases
of 138 children and 108 families:
• The number of children where both parents do not receive family reunification services
has declined from 7% of the total children removed and made dependents in 2002 to
3% of the total children removed and made dependents in the first six months of 2004.
• Bypass cases where one or both parents do not receive reunification services make up a
small but significant percentage (8%) of all cases where a child is removed and made a
dependent of the Court.
• There is a disproportionate number of Latino and African American children for whom
family reunification services are ordered bypassed.

Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete Mc Hugh, Jim Beall, Liz Kniss
Count~•· Executive: Peter Kutras Jr.

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Committee .A.genda Date :.A.u(tust ·18, 2004

• Children in bypass cases involving sibling groups equal 36%, and siblings are placed
together about 46% of the time.
• Young children and particularly babies are most often subjects of court-ordered bypass
of family reunification services.
• Children whose parent(s) did not receive reunification services in bypass cases are
placed with caregivers of the same ethnicity about 74% of the time.
• The percentage of children whose parent(s) did not receive reunification services in
bypass cases placed with kin (relatives or non-relative extended family members)
increased from 41 % in 2002 to 61 % in 2003.
• The percentage of children whose parent(s) did not receive reunification services in
bypass cases who are adopted or in the process of being adopted by kin (relatives or
non-relative extended family members) increased from 75% in 2002 to 77% in 2003.
• About 67% of children whose parent(s) did not receive reunification services in bypass
cases are adopted or in the process of being adopted by caregivers of the same ethnicity
in the last two years.
Most parents for whom family reunification services are ordered bypassed had family
reunification services terminated previously.
• Of those parents whose family reunification services terminated previously, most
continue to have a substance abuse problem.
• Of those parents whose family reunification services terminated previously, the period
between the termination of family reunification services and the removal of the child in
this review decreased from an average of 4 years in 2002 to 2 years in 2004.
• Cases where family reunification services were bypassed took longer to reach
disposition by the Court, compared with all cases.
The following Bay Area counties statistics on bypass cases were surveyed: Marin, Alameda,
Solano, and Contra Costa. Although contacted, San Francisco, San Mateo, Santa Cruz, and
Napa counties did not respond to the inquiry. Alameda, Solano; and Marin counties do not
keep statistics on cases where family reunification services were ordered bypassed. From
October 2003 to May 2004, Contra Costa reported 1 child (African American) in 2003 and 12
children (6 Caucasian, 5 African American, and 1 Latino) up to May 2004 whose parents had
family reunification services ordered bypassed.

Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, ,Jirn Beall, Liz Kniss
1:::ountf Executive: Peter Kutras Jr.

3

Committee .A.genda Date :Au~tu:::t 18, 2004

Over the last year, all cases potentially considered for bypass of family reunification services
for either one or both parents were discussed in a staffing attended by the social worker,
supervisor, manager, and County Counsel assigned to the case prior to the final
recommendation made to the Court. In addition, Team Decision Making meetings have
involved DFCS staff, other agencies' staff, and community members in certain cases. As of
August 5, 2004, all cases recommending the bypass of family reunification services will
require the final approval of the DFCS Director.

BACKGROUND
None.

CONSEQUENCES OF NEGATIVE ACTION
The Children, Seniors and Families Committee would not accept the report on the causes
related to the accelerated speed in which some children of color in the child welfare services
are adopted.

STEPS FOLLOWING APPROVAL
The Clerk of the Board will follow usual procedures for a report of this type.

ATTACHMENTS
• Reunification Bypass Report (Resolution)

Boanj of Supervisors: Donald F. Gage, Blanca .A.lvarado, Pete McHugh, Jim Beall, Liz Kniss
Count~· Executive: Peter l<utras .Jr.

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