Bill Text: CA AB1712 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Minors and nonminor dependents: out-of-home placement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 846, Statutes of 2012. [AB1712 Detail]
Download: California-2011-AB1712-Amended.html
Bill Title: Minors and nonminor dependents: out-of-home placement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 846, Statutes of 2012. [AB1712 Detail]
Download: California-2011-AB1712-Amended.html
BILL NUMBER: AB 1712 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2012
INTRODUCED BY Assembly Member Beall
FEBRUARY 16, 2012
An act to amend Sections 366.31 and 11400 of the Welfare
and Institutions Code, relating to public social services.
An act to amend Section 17552 of the Family Code, to amend
Sections 1502, 1505, and 1559.110 of the Health and Safety Code, to
amend, repeal, and add Section 11170 of the Penal Cod e,
and to amend Sections 17.1, 101, 102, 107, 295, 303, 317, 361, 361.5,
366.21, 366.22, 366.24, 366.25, 366.26, 366.3, 366.31, 375, 388,
450, 903.4, 903.5, 11253, 11263.5, 11363, 11386, 11387, 11391, 11400,
11402, 11402.2, 11403, 11403.2, 16002.5, 16010, 16120, 16122, 16123,
16501, 16501.1, 16501.3, 16305.5, 16507, 16508, 16514, 16521.5,
16522, 16522.1, 18251, 18964, and 18986.46 of, to add Section 361.6
to, and to repeal Section 11403.25 of, the Welfare and
Institutions Code, relating to foster care placements, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1712, as amended, Beall. Minors and nonminor dependents:
out-of-home placement.
Existing law, the California Fostering Connections to Success Act,
revises and expands the scope of various programs relating to the
provision of cash assistance and other services to and for the
benefit of certain foster and adopted children, and other children
who have been placed in out-of-home care, including children who
receive Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Adoption Assistance Program, California Work Opportunity
and Responsibility to Kids (CalWORKs), and Kinship Guardianship
Assistance Payment Program (Kin-GAP) benefits. Among other
provisions, the act extends specified foster care benefits to youth
up to 19, 20, and 21 years of age, described as nonminor dependents,
if specified conditions are met, commencing January 1, 2012.
Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of various community care
facilities, as defined. Violation of the act is a misdemeanor.
Existing law defines Transitional Housing Placement Plus
(THP-Plus) Foster Care as a placement that offers supervised housing
opportunities and supportive services to eligible nonminor
dependents, as specified. Existing law excludes THP-Plus Foster Care
from the definition of a community care facility.
This bill would include THP-Plus Foster Care within the definition
of a community care facility for purposes of the Community Care
Facilities Act. By expanding application of the act, this bill would
expand the scope of an existing crime, thus imposing a state-mandated
local program. The bill would delete existing separate
fingerprinting requirements applicable to THP-Plus Foster Care
providers, making those providers subject to the background check
information generally applicable to community care facilities.
Existing law determines the county of residence of a minor child,
as specified.
This bill would determine the county of residence of a nonminor
dependent under the original or resumed dependency jurisdiction or
transition jurisdiction of the juvenile court.
Existing law requires the Judicial Council to establish a
court-appointed special advocate (CASA) program, pursuant to which
volunteer CASAs provide designated services and support to children
under the jurisdiction of the juvenile court.
This bill would make nonminor dependents eligible for the CASA
program.
Existing law authorizes payment of CalWORKs aid to a nonminor
dependent placed in the approved home of a relative, as specified, if
the nonminor dependent is involved in certain educational or
employment activities.
This bill would authorize the CalWORKs payments described above to
be made out of state when the nonminor dependent is placed in the
approved home of a relative who resides in another state. Because
moneys are continuously appropriated from the General Fund to defray
a portion of county costs under the CalWORKs program, by expanding
eligibility for CalWORKs, the bill would make an appropriation. In
addition, by increasing county duties, the bill would impose a
state-mandated local program.
This bill would revise the provisions relating to state-funded and
federally funded Kin-GAP payments, and would make Kin-GAP and
Adoption Assistance Program payments for nonminor former dependents
between 20 and 21 years of age contingent upon appropriations by the
Legislature. The bill would expand the definition of a relative for
purposes of the federally funded Kin-GAP program. The bill also would
revise various definitions applicable to the AFDC-FC program
relating to nonminor dependents and transitional housing services.
The bill would specify that certain health and education information
required to be provided for a foster child would only be provided
with respect to a nonminor dependent with his or her written consent.
This bill would extend access to public health nursing services
under the statewide child welfare services program, and designated
placement services and family reunification services to nonminor
dependents, as specified. By increasing duties of county welfare
departments, the bill would impose a state-mandated local program.
Existing law requires a court that continues dependency
jurisdiction with respect to a nonminor dependent to order
development of a planned permanent living arrangement, under a mutual
agreement, as defined.
This bill would revise the definition of mutual agreement, by
specifying the criteria of these agreements applicable to nonminor
dependents who are in receipt of Kin-GAP and AFDC-FC payments,
respectively. The bill also would make conforming changes to related
provisions and definitions.
This bill would expand certain provisions relating to proceedings
of the juvenile court to include nonminor dependents, and would make
related changes.
Existing law requires the social worker or probation officer to
give notice of review hearings in specified dependency proceedings to
certain individuals, including the child, any known siblings of the
child, and the child's caregiver. Under existing law, a child's
caregiver may attend the review hearings and submit any relevant
written information to the court.
This bill would require the social worker or probation officer to
give notice of review hearings in specified dependency proceedings to
a nonminor dependent, any known siblings of the nonminor dependent,
and the current caregiver of the nonminor dependent. Additionally,
the bill would authorize the caregiver of the nonminor dependent to
attend the hearings and to submit relevant written information for
filing and distribution to the parties and attorneys. By imposing new
duties on social workers and probation officers, this bill would
impose a state-mandated local program.
Under existing law, the juvenile court may retain jurisdiction
over a dependent child until the dependent child is 21 years of age.
Existing law further provides that the juvenile court's jurisdiction
includes nonminor dependents. Under existing law, the juvenile court
may terminate dependency, delinquency, or transition jurisdiction
over a nonminor dependent while the nonminor dependent is between 18
and 21 years of age. The juvenile court retains general jurisdiction
over a nonminor dependent for purposes of a petition to modify a
dependency court order.
This bill would authorize the dependency court to order adult
adoption as the permanent plan for a nonminor dependent, and to
terminate its jurisdiction over a nonminor dependent following a
final adult adoption. The bill would further authorize court-ordered
family reunification services to continue for a nonminor dependent
who attains 18 years of age during the review hearing time period
until the next 6-month review hearing, if all parties agree that
family reunification is in the best interests of the nonminor
dependent and that there is a substantial probability that the
nonminor dependent will be returned home at or before the next
6-month review hearing. This bill would also make clarifying changes
to reflect that the dependency court may retain jurisdiction over a
nonminor in long-term foster care or a planned permanent living
arrangement as a nonminor dependent.
Existing law governs the placement of children who are or who may
be Indian children, as specified. Existing law provides for tribal
customary adoption as one placement option for Indian children in
dependency proceedings. Additionally, existing law prohibits a
dependency court from holding a hearing to terminate parental rights
for a nonminor dependent.
This bill would clarify that a dependency court may order tribal
customary adoption as the permanent plan for a nonminor dependent who
is an Indian child. Additionally, the bill would permit the
dependency court to hold a hearing to terminate parental rights for a
nonminor dependent who is an Indian child if tribal customary
adoption is the permanent plan.
Existing law requires county child welfare departments to
determine whether, in specified dependency cases, it is in the best
interests of the child or nonminor to have the case referred to the
local child support agency for child support services. Existing law
specifies that a nonminor dependent over 19 years of age is not a
child for purposes of referral to the local child support agency.
This bill would provide that a nonminor dependent who has a minor
child placed in the same facility is not a parent for purposes of
referral to the local child support agency for collection or
enforcement of child support. The bill would also clarify that these
provisions apply in the case of voluntary placements and minor
children placed with a nonminor dependent parent.
Existing law imposes parental liability for the cost of the care,
support, and maintenance of a child in a county institution or other
placement following a juvenile court order removing the child from
the home or voluntary placement of the child in out-of-home care by
the parent under specified circumstances. Under existing law, the
local child support agency may petition the court for an order to
show cause to recover those costs, unless the agency determines that
it would not be appropriate or cost effective to do so.
This bill would provide that a nonminor dependent who is a
custodial or noncustodial parent of a child in a foster care
placement, including voluntary foster care placement, is not
financially liable for the cost of the care, support, and maintenance
of the child.
This bill would authorize the State Department of Social Services
to implement the bill by all-county letters or similar instructions,
pending the adoption of regulations. The bill would require the
department to consult with concerned stakeholders, as specified, in
developing the regulations.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17552 of the Family
Code is amended to read:
17552. (a) The State Department of Social Services, in
consultation with the Department of Child Support Services, shall
promulgate regulations by which the county child welfare department,
in any case of separation or desertion of a parent or parents from a
child that results in foster care assistance payments under Section
11400 of , or a voluntary placement under Section 11401.1 of, or
the payments for a minor child placed in the same home as a minor or
nonminor dependent parent under Section 11401.4 of, the Welfare and
Institution Code , or CalWORKs payments to a caretaker relative
of a child who comes within the jurisdiction of the juvenile court
under Section 300, 601, or 602 of the Welfare and Institutions Code,
who has been removed from the parental home and placed with the
caretaker relative by court order, and who is under the supervision
of the county child welfare agency or probation department under
Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing
with Section 11360) or Article 4.7 (commencing with Section 11385)
of, or aid under subdivision (c) of Section 10101 of, the Welfare and
Institutions Code, shall determine whether it is in the best
interests of the child or nonminor to have the case referred to the
local child support agency for child support services. If
reunification services are not offered or are terminated, the case
may be referred to the local child support agency, unless the child's
permanent plan is legal guardianship with a relative who is
receiving Kin-GAP and the payment of support by the parent may
compromise the stability of the current placement with the related
guardian, or the permanent plan is transitional foster care for the
nonminor under Section 11403 of the Welfare and Institutions Code. In
making the determination, the department regulations shall provide
the factors the county child welfare department shall consider,
including:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification, in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
(b) The department regulations shall provide that, where the
county child welfare department determines that it is not in the best
interests of the child to seek a support order against the parent,
the county child welfare department shall refrain from referring the
case to the local child support agency. The regulations shall define
those circumstances in which it is not in the best interest of the
child to refer the case to the local child support agency.
(c) The department regulations shall provide, where the county
child welfare department determines that it is not in the child's
best interest to have his or her case referred to the local child
support agency, the county child welfare department shall review that
determination periodically to coincide with the redetermination of
AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs
eligibility under Section 11265 of, or Kin-GAP eligibility under
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) of Chapter 2 of Part 3 of Division 9
of, the Welfare and Institutions Code, and shall refer the child's
case to the local child support agency upon a determination that, due
to a change in the child's circumstances, it is no longer contrary
to the child's best interests to have his or her case referred to the
local child support agency.
(d) The State Department of Social Services shall promulgate all
necessary regulations pursuant to this section on or before October
1, 2002.
(e) Notwithstanding any other provision of law, a nonminor
dependent, as described in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, who is over 19 years of age, is not a
child for purposes of referral to the local child support agency for
collection or enforcement of child support.
(f) Notwithstanding any other law, a nonminor dependent, as
defined in subdivision (v) of Section 11400 of the Welfare and
Institutions Code, who has a minor child placed in the same licensed
or approved facility pursuant to Section 11401.4 of the Welfare and
Institutions Code is not a parent for purposes of referral to the
local child support agency for collection or enforcement of child
support.
SEC. 2. Section 1502 of the Health and
Safety Code is amended to read:
1502. As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(4) "Foster family agency" means any organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require
that level of care as an alternative to a group home. Private foster
family agencies shall be organized and operated on a nonprofit basis.
(5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Mental Health pursuant to
Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(12) "Transitional housing placement facility" means a community
care facility licensed by the department pursuant to Section 1559.110
to provide transitional housing opportunities to persons at least 16
years of age, and not more than 18 years of age unless the
requirements of Section 11403 and paragraph (1) of subdivision (a) of
Section 11403.2 of the Welfare and Institutions Code are met, who
are in out-of-home placement under the supervision of the county
department of social services or the county probation department, and
who are participating in an independent living program.
(13) "Transitional Housing Placement Plus Foster Care," "THP-Plus
Foster Care" means, on and after January 1, 2012, a placement that
offers supervised housing opportunities and supportive services to
eligible nonminor dependents at least 18 years of age, on and after
January 1, 2013, 19 years of age, and on and after January 1, 2014,
20 years of age, and not more than 21 years of age, who are in
out-of-home placement under the placement and care responsibility of
the county welfare department or the county probation department, or
Indian tribe that entered into an agreement pursuant to Section
10553.1, and who are described in paragraphs (3) and (4) of
subdivision (a) of Section 11403.2.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 3. Section 1505 of the
Health and Safety Code is amended to read:
1505. This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
(g) Any school dormitory or similar facility determined by the
department.
(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
(k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
(l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
(2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
(3) On and after January 1, 2012, any supervised independent
living setting for nonminor dependents, as defined in subdivision (w)
of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, or Indian tribe that entered into
an agreement pursuant to Section 10553.1 of the Welfare and
Institutions Code, and whose placement is approved pursuant to
subdivision (k) of Section 11400 of the Welfare and Institutions
Code.
(4) On and after January 1, 2012, a THP-Plus Foster Care setting,
for nonminor dependents, as defined in subdivision (x) of Section
11400 of the Welfare and Institutions Code, who are placed by the
juvenile court, supervised by the county welfare department or
probation department and the placement of whom is approved, in
accordance with subdivision (k) of Section 11400 of the Welfare and
Institutions Code.
(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
(n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
(A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Public Health or certified by a licensee of the State
Department of Social Services or the State Department of Public
Health.
(B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Public
Health or certified by a licensee of the State Department of Social
Services or the State Department of Public Health.
(C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code) are placed
and that is one of the following:
(1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(p) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is initially approved and operated under a regulatory
agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C.
Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec.
8013), or whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715 l ), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.
(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
(q) Any similar facility determined by the director.
SEC. 4. Section 1559.110 of the Health
and Safety Code is amended to read:
1559.110. (a) Except as specified in subdivision (e), the State
Department of Social Services shall license community care facilities
participating in transitional housing placement programs, as
designated in Sections 11400 and 16522 of the Welfare and
Institutions Code.
(b) Transitional housing placement programs shall provide
supervised housing services to persons who are at least 16 years of
age and not more than 18 years of age, except as provided in Section
11403 and paragraph (1) of subdivision (a) of Section 11403.2 of the
Welfare and Institutions Code, and who meet all of the following
conditions:
(1) Meet the requirements of Section 11401 of the Welfare and
Institutions Code.
(2) Are in out-of-home placement under the supervision of the
county department of social services or the county probation
department.
(3) Are participating in, or have successfully completed, an
independent living program.
(c) A transitional housing placement program may also serve any
person less than 21 years of age pursuant to paragraph (2) of
subdivision (a) of Section 11403.2 of the Welfare and Institutions
Code.
(d) Transitional housing placement program services shall include
any of the following:
(1) Programs in which one or more participants in the program live
in an apartment, single-family dwelling, or condominium with an
adult employee of the provider.
(2) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
the provider located in a building in which one or more adult
employees of the provider reside and provide supervision.
(3) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
a provider under the supervision of the provider if the State
Department of Social Services provides approval.
(e) A transitional housing placement facility that serves only
eligible youth over 18 years of age who have emancipated from the
foster care system shall not be subject to subdivision (a), provided
the facility has been certified to provide transitional housing
services by the appropriate county social services or probation
department, and has obtained a local fire clearance. No later than
June 30, 2002, the department shall establish certification standards
and procedures in consultation with the County Welfare Directors
Association, the California Youth Connection, the county probation
departments, and provider representatives. The certification
standards shall include, but not be limited to, a criminal background
check of transitional housing providers and staff.
(f) (1) The department shall adopt regulations to govern
transitional housing placement facilities licensed pursuant to this
section.
(2) The regulations shall be age-appropriate and recognize that
youth who are about to emancipate from the foster care system should
be subject to fewer restrictions than those who are younger. At a
minimum, the regulations shall provide for both of the following:
(A) Require programs that serve youth who are both in and out of
the foster care system to have separate rules and program design, as
appropriate, for these two groups of youth.
(B) Allow youth who have emancipated from the foster care system
to have the greatest amount of freedom possible in order to prepare
them for self-sufficiency.
(g) The Transitional Housing Placement Plus Foster Care program
shall serve nonminor dependents, as described in subdivisions (v) and
(x) of Section 11400 of the Welfare and Institutions Code.
(h) On and after January 1, 2012, with respect to nonminor
dependents under 21 years of age, the licensing standards for these
legal adults placed in the THP-Plus Foster Care program shall be
developed in accordance with Section 1502.7. When developing
regulations for the THP-Plus Foster Care programs, the department
shall consider the development of an application fee process for the
programs, similar to the fee schedule as described in Section 1523.1.
A licensed THP-Plus Foster Care program shall certify facilities or
sites to provide transitional housing services to nonminor dependents
pursuant to subdivision (e).
SEC. 5. Section 11170 of the Penal Code
is amended to read:
11170. (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be not substantiated. The department may adopt rules governing
recordkeeping and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index (CACI) pursuant to paragraph (1). The
submitting agencies are responsible for the accuracy, completeness,
and retention of the reports described in this section. The
department shall be responsible for ensuring that the CACI accurately
reflects the report it receives from the submitting agency.
(3) Only information from reports that are reported as
substantiated shall be filed pursuant to paragraph (1), and all other
determinations shall be removed from the central list.
(b) The provisions of subdivision (c) of Section 11169 apply to
any information provided pursuant to this subdivision.
(1) The Department of Justice shall immediately notify an agency
that submits a report pursuant to Section 11169, or a prosecutor who
requests notification, of any information maintained pursuant to
subdivision (a) that is relevant to the known or suspected instance
of child abuse or severe neglect reported by the agency. The agency
shall make that information available to the reporting health care
practitioner who is treating a person reported as a possible victim
of known or suspected child abuse. The agency shall make that
information available to the reporting child custodian, Child Abuse
Prevention and Treatment Act guardian ad litem appointed under Rule
5.662 of the California Rules of Court, or counsel appointed under
Section 317 or 318 of the Welfare and Institutions Code, or
the appropriate licensing agency,
if he or she or the licensing agency is handling or investigating a
case of known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make relevant information from
the CACI available to a law enforcement agency, county welfare
department, or county probation department that is conducting a child
abuse investigation.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, or to any county child welfare services agency for the
performance of its duties in approving THP-Plus Foster Care providers
pursuant to Section 11403.25 of the Welfare and Institutions Code,
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or approval,
or any adult who resides or is employed in the home of an applicant
for licensure or approval, or who is an applicant for employment in a
position having supervisorial or disciplinary power over a child or
children, or who will provide 24-hour care for a child or children in
a residential home or facility, pursuant to Section 1522.1 or
1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912,
or 9000 of the Family Code, or Section 11403.2 of the Welfare and
Institutions Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information for investigative purposes only
that is maintained in the CACI pursuant to subdivision (a) relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the CACI from the Department of Justice pursuant
to this subdivision, the agency or court investigator shall notify,
in writing, the person listed in the CACI that he or she is in the
index. The notification shall include the name of the reporting
agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.
(10) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate (CASA) program conducting a background investigation for
employment or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), or a county
child welfare agency or delegated county adoption agency conducting a
background investigation of an applicant seeking employment or
volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect, pursuant to paragraph (9), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement
of a child, employment or volunteer positions with a CASA program,
or employment as a peace officer.
(B) If CACI information is requested by an agency for the
temporary placement of a child in an emergency situation pursuant to
Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, the department is
exempt from the requirements of Section 1798.18 of the Civil Code if
compliance would cause a delay in providing an expedited response to
the agency's inquiry and if further delay in placement may be
detrimental to the child.
(11) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), or (9), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than those described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
(c) (1) The Department of Justice shall make available to any
agency responsible for placing children pursuant to Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, upon request, relevant
information concerning child abuse or neglect reports contained in
the index, when making a placement with a responsible relative
pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning
child abuse or neglect reports contained in the index from the
Department of Justice pursuant to this subdivision, the agency shall
also notify in writing the person listed in the CACI that he or she
is in the index. The notification shall include the location of the
original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time
that all other parties are notified of the information, and no later
than the actual judicial proceeding that determines placement.
(2) If information is requested by an agency for the placement of
a child with a responsible relative in an emergency situation
pursuant to Article 7 (commencing with Section 305) of Chapter 2 of
Part 1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18 of the
Civil Code if compliance would cause a delay in providing an
expedited response to the child protective agency's inquiry and if
further delay in placement may be detrimental to the child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248), information regarding a known or
suspected child abuser maintained pursuant to subdivision (a)
concerning the prospective foster or adoptive parent, and any other
adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
paragraph (20) of subdivision subsection
(a) of Section 671 of Title 42 of the United States Code that
requires the state to have in place safeguards to prevent the
unauthorized disclosure of information in any child abuse and neglect
registry maintained by the state and prevent the information from
being used for a purpose other than the conducting of background
checks in foster or adoption placement cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (11) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
CACI by making a request in writing to the Department of Justice. The
request shall be notarized and include the person's name, address,
date of birth, and either a social security number or a California
identification number. Upon receipt of a notarized request, the
Department of Justice shall make available to the requesting person
information identifying the date of the report and the submitting
agency. The requesting person is responsible for obtaining the
investigative report from the submitting agency pursuant to paragraph
(11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1).
(g) If a person is listed in the CACI only as a victim of child
abuse or neglect, and that person is 18 years of age or older, that
person may have his or her name removed from the index by making a
written request to the Department of Justice. The request shall be
notarized and include the person's name, address, social security
number, and date of birth.
(h) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 6. Section 11170 is added to the
Penal Code , to read:
11170. (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be not substantiated. The department may adopt rules governing
recordkeeping and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index (CACI) pursuant to paragraph (1). The
submitting agencies are responsible for the accuracy, completeness,
and retention of the reports described in this section. The
department shall be responsible for ensuring that the CACI accurately
reflects the report it receives from the submitting agency.
(3) Only information from reports that are reported as
substantiated shall be filed pursuant to paragraph (1), and all other
determinations shall be removed from the central list.
(b) Subdivision (c) of Section 11169 applies to any information
provided pursuant to this subdivision.
(1) The Department of Justice shall immediately notify an agency
that submits a report pursuant to Section 11169, or a prosecutor who
requests notification, of any information maintained pursuant to
subdivision (a) that is relevant to the known or suspected instance
of child abuse or severe neglect reported by the agency. The agency
shall make that information available to the reporting health care
practitioner who is treating a person reported as a possible victim
of known or suspected child abuse. The agency shall make that
information available to the reporting child custodian, Child Abuse
Prevention and Treatment Act guardian ad litem appointed under Rule
5.662 of the California Rules of Court, or counsel appointed under
Section 317 or 318 of the Welfare and Institutions Code, or the
appropriate licensing agency, if he or she or the licensing agency is
handling or investigating a case of known or suspected child abuse
or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
on the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make relevant information from
the CACI available to a law enforcement agency, county welfare
department, or county probation department that is conducting a child
abuse investigation.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or
approval, or any adult who resides or is employed in the home of an
applicant for licensure or approval, or who is an applicant for
employment in a position having supervisorial or disciplinary power
over a child or children, or who will provide 24-hour care for a
child or children in a residential home or facility, pursuant to
Section 1522.1 or 1596.877 of the Health and Safety Code, or Section
8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 of
the Welfare and Institutions Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information for investigative purposes only
that is maintained in the CACI pursuant to subdivision (a) relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interest of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the CACI from the Department of Justice pursuant
to this subdivision, the agency or court investigator shall notify,
in writing, the person listed in the CACI that he or she is in the
index. The notification shall include the name of the reporting
agency and the date of the report.
(8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.
(10) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate (CASA) program conducting a background investigation for
employment or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), or a county
child welfare agency or delegated county adoption agency conducting a
background investigation of an applicant seeking employment or
volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect, pursuant to paragraph (9), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement
of a child, employment or volunteer positions with a CASA program,
or employment as a peace officer.
(B) If CACI information is requested by an agency for the
temporary placement of a child in an emergency situation pursuant to
Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, the department is
exempt from the requirements of Section 1798.18 of the Civil Code if
compliance would cause a delay in providing an expedited response to
the agency's inquiry and if further delay in placement may be
detrimental to the child.
(11) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), or (9), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby created and named the Department of Justice Child
Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than those described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund that is hereby
established and named the Department of Justice Sexual Habitual
Offender Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred pursuant to Chapter 9.5 (commencing with
Section 13885) and Chapter 10 (commencing with Section 13890) of
Title 6 of Part 4, and the DNA and Forensic Identification Data Base
and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of
Title 9 of Part 1), and for maintenance and improvements to the
statewide Sexual Habitual Offender Program and the California DNA
offender identification file (CAL-DNA) authorized by Chapter 9.5
(commencing with Section 13885) of Title 6 of Part 4 and the DNA and
Forensic Identification Database and Data Bank Act of 1998 (Chapter 6
commencing with Section 295) of Title 9 of Part 1).
(c) (1) The Department of Justice shall make available to any
agency responsible for placing children pursuant to Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, upon request, relevant
information concerning child abuse or neglect reports contained in
the index, when making a placement with a responsible relative
pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning
child abuse or neglect reports contained in the index from the
Department of Justice pursuant to this subdivision, the agency shall
also notify, in writing, the person listed in the CACI that he or she
is in the index. The notification shall include the location of the
original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time
that all other parties are notified of the information, and no later
than the actual judicial proceeding that determines placement.
(2) If information is requested by an agency for the placement of
a child with a responsible relative in an emergency situation
pursuant to Article 7 (commencing with Section 305) of Chapter 2 of
Part 1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18 of the
Civil Code if compliance would cause a delay in providing an
expedited response to the child protective agency's inquiry and if
further delay in placement may be detrimental to the child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the federal Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248), information regarding a
known or suspected child abuser maintained pursuant to subdivision
(a) concerning the prospective foster or adoptive parent, and any
other adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
Section 671(a)(20) of Title 42 of the United States Code that
requires the state to have in place safeguards to prevent the
unauthorized disclosure of information in any child abuse and neglect
registry maintained by the state and prevent the information from
being used for a purpose other than the conducting of background
checks in foster or adoption placement cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (11) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
CACI by making a request in writing to the Department of Justice. The
request shall be notarized and include the person's name, address,
date of birth, and either a social security number or a California
identification number. Upon receipt of a notarized request, the
Department of Justice shall make available to the requesting person
information identifying the date of the report and the submitting
agency. The requesting person is responsible for obtaining the
investigative report from the submitting agency pursuant to paragraph
(11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1).
(g) If a person is listed in the CACI only as a victim of child
abuse or neglect, and that person is 18 years of age or older, that
person may have his or her name removed from the index by making a
written request to the Department of Justice. The request shall be
notarized and include the person's name, address, social security
number, and date of birth.
(h) This section shall become operative on January 1, 2013.
SEC. 7. Section 17.1 of the Welfare and
Institutions Code is amended to read:
17.1. Unless otherwise provided under the provisions of this
code, to the extent not in conflict with federal law, the residence
of a minor person , or a nonminor dependent, as described in
subdivision (v) of Section 11400, shall be determined by the
following rules:
(a) The residence of the parent with whom a child maintains his or
her place of abode or the residence of any individual who has been
appointed legal guardian or the individual who has been given the
care or custody by a court of competent jurisdiction, determines the
residence of the child.
(b) Wherever in this section it is provided that the residence of
a child is determined by the residence of the person who has custody,
"custody" means the legal right to custody of the child unless that
right is held jointly by two or more persons, in which case "custody"
means the physical custody of the child by one of the persons
sharing the right to custody.
(c) The residence of a foundling shall be deemed to be that of the
county in which the child is found.
(d) If the residence of the child is not determined under (a),
(b), (c) or (e) hereof, the county in which the child is living shall
be deemed the county of residence, if and when the child has had a
physical presence in the county for one year.
(e) If the child has been declared permanently free from the
custody and control of his or her parents, his or her residence is
the county in which the court issuing the order is situated.
(f) If a nonminor dependent under the dependency jurisdiction or
transition jurisdiction of the juvenile court is placed in a planned
permanent living arrangement, as described in subdivision (i) of
Section 366.3, the county in which the nonminor dependent is living
may be deemed the county of residence, if and when the nonminor
dependent has had a continuous physical presence in the county for
one year as a nonminor dependent and the nonminor dependent expressed
his or her intent to remain in that county.
(g) If a nonminor dependent's dependency jurisdiction has been
resumed, or transition jurisdiction assumed or resumed by the
juvenile court that retained general jurisdiction pursuant to
subdivision (b) of Section 303, as a result of the filing of a
petition pursuant to subdivision (e) of Section 388, following the
granting of the petition, the county in which the nonminor dependent
is living at the time the petition was filed may be deemed the county
of residence, if and when the nonminor dependent establishes that he
or she has had a continuous physical presence in the county for one
year and has expressed his or her intent to remain in that county.
The period of continuous physical presence in the county shall
include any period of continuous residence in the county immediately
prior to the filing of the petition.
SEC. 8. Section 101 of the Welfare and
Institutions Code is amended to read:
101. As used in this chapter, the following definitions shall
apply:
(a) "Adult" means a person 18 years of age or older.
(b) "Child or minor" means a person under 18 years of age.
(c) "CASA" means a Court-Appointed Special Advocate. "CASA" also
refers to a Court Designated Child Advocate in programs which have
utilized that title. A CASA has the duties and responsibilities
described in this chapter and shall be trained by and function under
the auspices of a court-appointed special advocate program as set
forth in this chapter.
(d) "Court" means the superior court, including the juvenile
court.
(e) "Dependent" means a child described in Section 300 of the
Welfare and Institutions Code.
(f) "Nonminor dependent" means a foster child as described in
subdivision (v) of Section 11400.
SEC. 9. Section 102 of the Welfare and
Institutions Code is amended to read:
102. (a) Each CASA program shall, if feasible, be staffed by a
minimum of one paid administrator. The staff shall be directly
accountable to the presiding juvenile court judge and the CASA
program board of directors, as applicable.
(b) The program shall provide for volunteers to serve as CASAs. A
CASA may be appointed in juvenile dependency proceedings under
Section 300 and in actions to terminate parental rights to
custody and control, as deemed appropriate by the juvenile or other
superior court judge hearing the matter , including
proceedings involving a nonminor dependent .
(c) Each CASA shall serve at the pleasure of the court having
jurisdiction over the proceedings in which a CASA has been appointed
and that appointment may continue after the child attains his or
her age of majority, with the consent of the nonminor dependent
. A CASA shall do all of the following:
(1) Provide independent, factual information to the court
regarding the cases to which he or she is appointed.
(2) Represent the best interests of the children involved, and
consider the best interests of the family, in the cases to which he
or she is appointed.
(3) At the request of the judge, monitor cases to which he or she
has been appointed to assure that the court's orders have been
fulfilled.
(d) The Judicial Council, through its rules and regulations, shall
require an initial and ongoing training program consistent with this
chapter to all persons acting as a CASA, including, but not limited
to, each of the following:
(1) Dynamics of child abuse and neglect.
(2) Court structure, including juvenile court laws regarding
dependency.
(3) Social service systems.
(4) Child development.
(5) Interviewing techniques.
(6) Report writing.
(7) Roles and responsibilities of a CASA.
(8) Rules of evidence and discovery procedures.
(9) Problems associated with verifying reports.
(e) The Judicial Council, through its CASA Advisory Committee,
shall adopt guidelines for the screening of CASA volunteers, which
shall include personal interviews, reference checks, checks for
records of sex offenses and other criminal records, information from
the Department of Motor Vehicles, and other information as the
Judicial Council deems appropriate.
SEC. 10. Section 107 of the Welfare and
Institutions Code is amended to read:
107. (a) Upon
Except as provided in subdivision (b), upon presentation of the
order of his or her appointment by the CASA, and upon specific court
order and consistent with the rules of evidence, any agency,
hospital, school, organization, division or department of the state,
physician and surgeon, nurse, other health care provider,
psychologist, psychiatrist, police department, or mental health
clinic shall permit the CASA to inspect and copy any records relating
to the child involved in the case of appointment without the consent
of the child or parents.
(b) Subdivision (a) does not apply to the records of or pertaining
to the nonminor dependent. The CASA may have access to those records
only with the explicit written and informed consent of the nonminor
dependent.
SECTION 1. Section 366.31 of the Welfare and
Institutions Code is amended to read:
366.31. (a) On and after January 1, 2012, with respect to a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who has a permanent plan of long-term foster care that was ordered
pursuant to Section 366.21, 366.22, 366.25, or 366.26 the court may
continue jurisdiction of the nonminor as a dependent of the juvenile
court or may dismiss dependency jurisdiction pursuant to Section 391.
(b) If the court continues dependency jurisdiction of the nonminor
as a dependent of the juvenile court, the court shall order the
development of a planned permanent living arrangement of a nonminor
under a mutual agreement, as described in subdivision (u) of Section
11400, which may include continued placement with the current
caregiver or another licensed or approved caregiver or in a
supervised independent living setting, as defined in subdivision (w)
of Section 11400, consistent with the youth's transitional
independent living case plan.
(c) If the court terminates its dependency jurisdiction over a
nonminor dependent pursuant to subdivision (a), it shall retain
general jurisdiction over the youth pursuant to Section 303. If the
court has dismissed dependency jurisdiction pursuant to subdivision
(d) of Section 391, the nonminor, who has not attained 21 years of
age, may subsequently file a petition pursuant to subdivision (e) of
Section 388 to have dependency jurisdiction resumed and the court may
vacate its previous order dismissing dependency jurisdiction over
the nonminor dependent.
SEC. 11. Section 295 of the Welfare and
Institutions Code is amended to read:
295. The social worker or probation officer shall give notice of
review hearings held pursuant to Section 366.3 in the following
manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older , or
a nonminor dependent .
(5) Any known sibling of the child or nonminor dependent
who is the subject of the hearing if that sibling either is the
subject of a dependency proceeding or has been adjudged to be a
dependent child of the juvenile court. If the sibling is 10 years of
age or older, the sibling, the sibling's caregiver, and the sibling's
attorney. If the sibling is under 10 years of age, the sibling's
caregiver and the sibling's attorney. However, notice is not required
to be given to any sibling whose matter is calendared in the same
court on the same day.
(6) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, nonrelative extended family
members, community care facility, or foster family agency having
physical custody of the child if a child is removed from the physical
custody of the parents or legal guardian. The person notified may
attend all hearings and may submit any information he or she deems
relevant to the court in writing.
(7) The current caregiver of a nonminor dependent, as described in
subdivision (v) of Section 11400. The person notified may attend all
hearings and may submit for filing an original and eight copies of
written information he or she deems relevant to the court. The court
clerk shall provide the current parties and attorneys of record with
a copy of the written information immediately upon receipt and
complete, file, and distribute a proof of service.
(7)
(8) The attorney of record if that attorney of record
was not present at the time that the hearing was set by the court.
(8)
(9) The alleged father or fathers, but only if the
recommendation is to set a new hearing pursuant to Section 366.26.
(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.
(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.
(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
SEC. 12. Section 303 of the Welfare and
Institutions Code is amended to read:
303. (a) The court may retain jurisdiction over any person who is
found to be a ward or a dependent child of the juvenile court until
the ward or dependent child attains the age of 21 years.
(b) On and after January 1, 2012, the court shall have within its
jurisdiction any nonminor dependent, as defined in subdivision (v) of
Section 11400. The court may terminate its dependency, delinquency,
or transition jurisdiction over the nonminor dependent between the
time the nonminor reaches the age of majority and 21 years of age. If
the court terminates dependency, delinquency, or transition
jurisdiction, the nonminor dependent shall remain under the general
jurisdiction of the court in order to allow for a petition under
subdivision (e) of Section 388.
(c) On and after January 1, 2012, a nonminor who has not yet
attained 21 years of age and who exited foster care at or after the
age of majority, may petition the court pursuant to subdivision (e)
of Section 388 to resume dependency jurisdiction over himself or
herself or to assume transition jurisdiction over himself or herself
pursuant to Section 450.
(d) (1) Nothing in this code, including, but
not limited to, Sections 340, 366.27, and 369.5, shall be construed
to provide legal custody of a person who has attained 18 years of age
to the county welfare or probation department or to otherwise
abrogate any other rights that a person who has attained 18 years of
age may have as an adult under California law. A nonminor dependent
shall retain all of his or her legal decisionmaking authority as an
adult. The nonminor shall enter into a mutual agreement for
placement, as described in subdivision (u) of Section 11400,
unless the nonminor dependent is incapable of making an informed
agreement, or a voluntary reentry agreement, as described in
subdivision (z) of Section 11400, for placement and care in which the
nonminor consents to placement and care in a setting supervised by,
and under the responsibility of, the county child welfare services
department, the county probation department, or Indian tribe that
entered into an agreement pursuant to Section 10553.1.
(2) A nonminor dependent who remains under delinquency
jurisdiction in order to complete his or her rehabilitative goals and
is under a foster care placement order is not required to complete
the mutual agreement as described in subdivision (u) of Section
11400. His or her adult decisionmaking authority may be limited by
and subject to the care, supervision, custody, conduct, and
maintenance orders as described in Section 727.
(e) Unless otherwise specified, the rights of a dependent child
and the responsibilities of the county welfare or probation
department, or tribe, and other entities, toward the child and
family, shall also apply to nonminor dependents.
SEC. 13. Section 317 of the Welfare and
Institutions Code is amended to read:
317. (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of subsection (b) of Section 1912 of the federal
Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section
23.13 of Title 25 of the Code of Federal Regulations are applicable.
(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless
the court finds that the parent or guardian has made a knowing and
intelligent waiver of counsel as provided in this section.
(c) If a child or nonminor dependent is not
represented by counsel, the court shall appoint counsel for the child
, or nonminor dependent, unless the
court finds that the child or nonminor dependent would not
benefit from the appointment of counsel. The court shall state on the
record its reasons for that finding. A primary responsibility of
counsel appointed to represent a child or nonminor dependent
pursuant to this section shall be to advocate for the
protection, safety, and physical and emotional well-being of the
child or nonminor dependent . Counsel may be a district
attorney, public defender, or other member of the bar, provided that
he or she does not represent another party or county agency whose
interests conflict with the child's or nonminor dependent's
interests. The fact that the district attorney represents the
child or nonminor dependent in a proceeding pursuant to
Section 300 as well as conducts a criminal investigation or files a
criminal complaint or information arising from the same or reasonably
related set of facts as the proceeding pursuant to Section 300 is
not in and of itself a conflict of interest. The court may fix the
compensation for the services of appointed counsel. The appointed
counsel shall have a caseload and training that ensures adequate
representation of the child or nonminor dependent . The
Judicial Council shall promulgate rules of court that establish
caseload standards, training requirements, and guidelines for
appointed counsel for children and shall adopt rules as required by
Section 326.5 no later than July 1, 2001.
(d) Counsel shall represent the parent, guardian, or
child , or nonminor dependent at the detention
hearing and at all subsequent proceedings before the juvenile court.
Counsel shall continue to represent the parent, guardian, or
child , or nonminor dependent unless relieved
by the court upon the substitution of other counsel or for cause. The
representation shall include representing the parent, guardian, or
the child in termination proceedings and in those proceedings
relating to the institution or setting aside of a legal guardianship.
On and after January 1, 2012, in the case of a nonminor dependent,
as described in subdivision (v) of Section 11400, no representation
by counsel shall be provided for a parent.
(e) (1) Counsel shall be charged in general with the
representation of the child's interests. To that end, counsel shall
make or cause to have made any further investigations that he or she
deems in good faith to be reasonably necessary to ascertain the
facts, including the interviewing of witnesses, and shall examine and
cross-examine witnesses in both the adjudicatory and dispositional
hearings. Counsel may also introduce and examine his or her own
witnesses, make recommendations to the court concerning the child's
welfare, and participate further in the proceedings to the degree
necessary to adequately represent the child. When counsel is
appointed to represent a nonminor dependent, counsel is charged with
representing the wishes of the nonminor dependent. If the court finds
that a nonminor dependent is not competent to direct counsel, the
court shall appoint a guardian ad litem for the nonminor dependent.
(2) If the child is four years of age or older, counsel shall
interview the child to determine the child's wishes and assess the
child's well-being, and shall advise the court of the child's wishes.
Counsel shall not advocate for the return of the child if, to the
best of his or her knowledge, return of the child conflicts with the
protection and safety of the child.
(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.
(4) Counsel for the child and counsel's agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in
custody, and the projected likely date for the child's return home,
placement for adoption, or legal guardianship. Nothing in this
paragraph shall be construed to prohibit counsel from making other
disclosures pursuant to this subdivision, as appropriate.
(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child's attorney-client privilege.
(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding paragraphs (4)
and (5) are declaratory of existing law.
(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.
(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child is
over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care
facility, as defined in Section 1545 of the Penal Code, health care
providers, as defined in Section 6146 of the Business and Professions
Code, a physician and surgeon or other health practitioner, as
defined in former Section 11165.8 of the Penal Code, as that section
read on January 1, 2000, or a child care custodian, as defined in
former Section 11165.7 of the Penal Code, as that section read on
January 1, 2000. Notwithstanding any other law, counsel shall be
given access to all records relevant to the case that are maintained
by state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child's guardian ad litem, shall be provided to
the child's counsel within 30 days of the request.
(g) In a county of the third class, if counsel is to be provided
to a child at the county's expense other than by counsel for the
agency, the court shall first utilize the services of the public
defender prior to appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
public defender in any case in which the public defender has a
conflict of interest. In the interest of justice, a court may depart
from that portion of the procedure requiring appointment of the
public defender after making a finding of good cause and stating the
reasons therefor on the record.
(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county's
expense, the court shall first utilize the services of the alternate
public defender prior to appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
SEC. 14. Section 361 of the Welfare and
Institutions Code is amended to read:
361. (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations. Any
limitation on the right of the parent or guardian to make educational
or developmental services decisions for the child shall be
specifically addressed in the court order. The limitations may not
exceed those necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational or developmental services decisions for the child,
or, for the nonminor dependent, if the court finds the
appointment of a developmental services decisionmaker to be in the
best interests of the nonminor dependent, the court shall at
the same time appoint a responsible adult to make educational or
developmental services decisions for the child or nonminor
dependent until one of the following occurs:
(1) The minor reaches 18 years of age, unless the child or
nonminor dependent chooses not to make educational or
developmental services decisions for himself or herself, or is deemed
by the court to be incompetent.
(2) Another responsible adult is appointed to make educational or
developmental services decisions for the minor pursuant to this
section.
(3) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.
(4) A successor guardian or conservator is appointed.
(5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, or
subdivision (i) of Section 366.3, at which time, for
educational decisionmaking, the foster parent, relative caretaker, or
nonrelative extended family member as defined in Section 362.7, has
the right to represent the child in educational matters pursuant to
Section 56055 of the Education Code, and for decisions relating to
developmental services, unless the court specifies otherwise, the
foster parent, relative caregiver, or nonrelative extended family
member of the planned permanent living arrangement has the right to
represent the child or nonminor dependent in matters
related to developmental services.
An individual who would have a conflict of interest in
representing the child or nonminor dependent may not be
appointed to make educational or developmental services decisions.
For purposes of this section, "an individual who would have a
conflict of interest," means a person having any interests that might
restrict or bias his or her ability to make educational or
developmental services decisions, including, but not limited to,
those conflicts of interest prohibited by Section 1126 of the
Government Code, and the receipt of compensation or attorneys' fees
for the provision of services pursuant to this section. A foster
parent may not be deemed to have a conflict of interest solely
because he or she receives compensation for the provision of services
pursuant to this section.
If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's or nonminor dependent's information and
records pursuant to subdivision (u) of Section 4514 and subdivision
(y) of Section 5328, and to act on the child's or nonminor
dependent's behalf for the purposes of the individual program
plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.
If the court cannot identify a responsible adult to make
developmental services decisions for the child ,
or nonminor dependent, the court may, with the input of
any interested person, make developmental services decisions for the
child or nonminor dependent . If the child is receiving
services from a regional center, the provision of any developmental
services related to the court's decision must be consistent with the
child's or nonminor dependent's individual program plan
and pursuant to the provisions of the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500)).
All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
(b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a licensed county adoption agency at any time
while the child is a dependent child of the juvenile court, if the
department or agency is willing to accept the relinquishment.
(c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following
circumstances listed in paragraphs (1) to (5), inclusive, and, in an
Indian child custody proceeding, paragraph (6):
(1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor's physical health can be
protected without removing the minor from the minor's parent's or
guardian's physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent or
guardian with whom the minor resided at the time of injury. The court
shall consider, as a reasonable means to protect the minor, the
option of removing an offending parent or guardian from the home. The
court shall also consider, as a reasonable means to protect the
minor, allowing a nonoffending parent or guardian to retain physical
custody as long as that parent or guardian presents a plan acceptable
to the court demonstrating that he or she will be able to protect
the child from future harm.
(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
(6) In an Indian child custody proceeding, continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a "qualified expert witness" as
described in Section 224.6.
(A) Stipulation by the parent, Indian custodian, or the Indian
child's tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), and has knowingly, intelligently, and
voluntarily waived them.
(B) Failure to meet non-Indian family and child-rearing community
standards, or the existence of other behavior or conditions that meet
the removal standards of this section, will not support an order for
placement in the absence of the finding in this paragraph.
(d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts, or, in the case of an Indian child custody proceeding,
whether active efforts as required in Section 361.7 were made and
that these efforts have proved unsuccessful. The court shall state
the facts on which the decision to remove the minor is based.
(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
(1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
(2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
SEC. 15. Section 361.5 of the
Welfare and Institutions Code , as amended by Section
1 of Chapter 59 of the Statutes of 2011, is amended to read:
361.5. (a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or upon
the establishment of an order of guardianship pursuant to Section
360, whenever a child is removed from a parent's or guardian's
custody, the juvenile court shall order the social worker to provide
child welfare services to the child and the child's mother and
statutorily presumed father or guardians. Upon a finding and
declaration of paternity by the juvenile court or proof of a prior
declaration of paternity by any court of competent jurisdiction, the
juvenile court may order services for the child and the biological
father, if the court determines that the services will benefit the
child.
(1) Family reunification services, when provided, shall be
provided as follows:
(A) Except as otherwise provided in subparagraph (C), for a child
who, on the date of initial removal from the physical custody of his
or her parent or guardian, was three years of age or older,
court-ordered services shall be provided beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as defined in Section 361.49, unless the child is
returned to the home of the parent or guardian.
(B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months from
the date the child entered foster care as defined in Section 361.49
unless the child is returned to the home of the parent or guardian.
(C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under three years of age on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services for some or all of the sibling group may be
limited as set forth in subparagraph (B). For the purposes of this
paragraph, "a sibling group" shall mean two or more children who are
related to each other as full or half siblings.
(2) Any motion to terminate court-ordered reunification services
prior to the hearing set pursuant to subdivision (f) of Section
366.21 for a child described by subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of paragraph
(1), shall be made pursuant to the requirements set forth in
subdivision (c) of Section 388. A motion to terminate court-ordered
reunification services shall not be required at the hearing set
pursuant to subdivision (e) of Section 366.21 if the court finds by
clear and convincing evidence one of the following:
(A) That the child was removed initially under subdivision (g) of
Section 300 and the whereabouts of the parent are still unknown.
(B) That the parent has failed to contact and visit the child.
(C) That the parent has been convicted of a felony indicating
parental unfitness.
(3) Notwithstanding subparagraphs (A), (B), and (C) of paragraph
(1), court-ordered services may be extended up to a maximum time
period not to exceed 18 months after the date the child was
originally removed from physical custody of his or her parent or
guardian if it can be shown, at the hearing held pursuant to
subdivision (f) of Section 366.21, that the permanent plan for the
child is that he or she will be returned and safely maintained in the
home within the extended time period. The court shall extend the
time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or guardian.
In determining whether court-ordered services may be extended, the
court shall consider the special circumstances of an incarcerated or
institutionalized parent or parents, or parent or parents
court-ordered to a residential substance abuse treatment program,
including, but not limited to, barriers to the parent's or guardian's
access to services and ability to maintain contact with his or her
child. The court shall also consider, among other factors, good faith
efforts that the parent or guardian has made to maintain contact
with the child. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court. Physical custody of
the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate or
avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts to
reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for some
or all members of a sibling group as described in subparagraph (C) of
paragraph (1).
(4) Notwithstanding paragraph (3), court-ordered services may be
extended up to a maximum time period not to exceed 24 months after
the date the child was originally removed from physical custody of
his or her parent or guardian if it is shown, at the hearing held
pursuant to subdivision (b) of Section 366.22, that the permanent
plan for the child is that he or she will be returned and safely
maintained in the home within the extended time period. The court
shall extend the time period only if it finds that it is in the child'
s best interest to have
the time period extended and that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian who is described in subdivision (b) of Section
366.22 within the extended time period, or that reasonable services
have not been provided to the parent or guardian. If the court
extends the time period, the court shall specify the factual basis
for its conclusion that there is a substantial probability that the
child will be returned to the physical custody of his or her parent
or guardian within the extended time period. The court also shall
make findings pursuant to subdivision (a) of Section 366 and
subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, the child cannot be safely returned to the
care and custody of a parent or guardian without court supervision,
but the child clearly desires contact with the parent or guardian,
the court shall take the child's desire into account in devising a
permanency plan.
Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
(b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
(1) That the whereabouts of the parent or guardian is unknown. A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian. The posting or publication of notices is not
required in that search.
(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
(3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.
(4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
(5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
(6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
(7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3),
(5), or (6).
(8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses. This paragraph only applies
to the parent who committed the offense or act.
(9) That the child has been found to be a child described in
subdivision (g) of Section 300; that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code. For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death. For purposes of this
paragraph, "willful abandonment" shall not be construed as actions
taken in good faith by the parent without the intent of placing the
child in serious danger.
(10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half sibling of that child from that
parent or guardian.
(11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made a
reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.
(12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
(13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court's attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least two
prior occasions, even though the programs identified were available
and accessible.
(14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption. The court shall not accept the waiver of services
unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.
(15) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half sibling from
his or her placement and refused to disclose the child's or child's
sibling's or half sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half sibling to the social worker.
(c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately
caring for the child within the time limits specified in subdivision
(a).
The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), or (15) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.
In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent. The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful. The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
(d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
(e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child. In determining detriment,
the court shall consider the age of the child, the degree of
parent-child bonding, the length of the sentence, the length and
nature of the treatment, the nature of the crime or illness, the
degree of detriment to the child if services are not offered and, for
children 10 years of age or older, the child's attitude toward the
implementation of family reunification services, the likelihood of
the parent's discharge from incarceration or institutionalization
within the reunification time limitations described in subdivision
(a), and any other appropriate factors. In determining the content of
reasonable services, the court shall consider the particular
barriers to an incarcerated or otherwise institutionalized parent's
access to those court-mandated services and ability to maintain
contact with his or her child, and shall document this information in
the child's case plan. Reunification services are subject to the
applicable time limitations imposed in subdivision (a). Services may
include, but shall not be limited to, all of the following:
(A) Maintaining contact between the parent and child through
collect telephone calls.
(B) Transportation services, where appropriate.
(C) Visitation services, where appropriate.
(D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
reunification service plan if actual access to these services is
provided. The social worker shall document in the child's case plan
the particular barriers to an incarcerated or institutionalized
parent's access to those court-mandated services and ability to
maintain contact with his or her child.
(2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code. The county welfare
department shall utilize the prisoner locator system developed by the
Department of Corrections and Rehabilitation to facilitate timely
and effective notice of hearings for incarcerated parents.
(3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
and Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, is
the most appropriate plan for the child, and shall consider in-state
and out-of-state placement options. If the court so determines, it
shall conduct the hearing pursuant to Section 366.26 within 120 days
after the dispositional hearing. However, the court shall not
schedule a hearing so long as the other parent is being provided
reunification services pursuant to subdivision (a). The court may
continue to permit the parent to visit the child unless it finds that
visitation would be detrimental to the child.
(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with the
child's tribe, tribal customary adoption is recommended, it shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for in
Section 291.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, including a
prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.
If the proposed permanent plan is guardianship with an approved
relative caregiver for a minor eligible for aid under the Kin-GAP
Program, as provided for in Article 4.7 (commencing with Section
11385) of Chapter 2 of Part 3 of Division 9, "relative" as
used in this section has the same meaning as "relative" as defined
in subdivision (c) of Section 11391.
(E) The relationship of the child to any identified prospective
adoptive parent or guardian, including a prospective tribal customary
parent, the duration and character of the relationship, the degree
of attachment of the child to the prospective relative guardian or
adoptive parent, the relative's or adoptive parent's strong
commitment to caring permanently for the child, the motivation for
seeking adoption or guardianship, a statement from the child
concerning placement and the adoption or guardianship, and whether
the child over 12 years of age has been consulted about the proposed
relative guardianship arrangements, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section
11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver
shall be informed about the terms and conditions of the negotiated
agreement pursuant to Section 11387 and shall agree to its execution
prior to the hearing held pursuant to Section 366.26. A copy of the
executed negotiated agreement shall be attached to the assessment.
(h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) , of Chapter 2
of Part 3 of Division 9 , as applicable.
(i) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
(1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half sibling.
(2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half sibling.
(3) The severity of the emotional trauma suffered by the child or
the child's sibling or half sibling.
(4) Any history of abuse of other children by the offending parent
or guardian.
(5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
(6) Whether or not the child desires to be reunified with the
offending parent or guardian.
(j) When the court determines that reunification services will not
be ordered, it shall order that the child's caregiver receive the
child's birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.
(k) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
(l) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 16. Section 361.5 of the
Welfare and Institutions Code , as amended by Section
2 of Chapter 59 of the Statutes of 2011, is amended to read:
361.5. (a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or upon
the establishment of an order of guardianship pursuant to Section
360, whenever a child is removed from a parent's or guardian's
custody, the juvenile court shall order the social worker to provide
child welfare services to the child and the child's mother and
statutorily presumed father or guardians. Upon a finding and
declaration of paternity by the juvenile court or proof of a prior
declaration of paternity by any court of competent jurisdiction, the
juvenile court may order services for the child and the biological
father, if the court determines that the services will benefit the
child.
(1) Family reunification services, when provided, shall be
provided as follows:
(A) Except as otherwise provided in subparagraph (C), for a child
who, on the date of initial removal from the physical custody of his
or her parent or guardian, was three years of age or older,
court-ordered services shall be provided beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as defined in Section 361.49, unless the child is
returned to the home of the parent or guardian.
(B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months from
the date the child entered foster care as defined in Section 361.49
unless the child is returned to the home of the parent or guardian.
(C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under three years of age on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services for some or all of the sibling group may be
limited as set forth in subparagraph (B). For the purposes of this
paragraph, "a sibling group" shall mean two or more children who are
related to each other as full or half siblings.
(2) Any motion to terminate court-ordered reunification services
prior to the hearing set pursuant to subdivision (f) of Section
366.21 for a child described by subparagraph (A) of paragraph
(1), or prior to the hearing set
pursuant to subdivision (e) of Section 366.21 for a child described
by subparagraph (B) or (C) of paragraph (1), shall be made pursuant
to the requirements set forth in subdivision (c) of Section 388. A
motion to terminate court-ordered reunification services shall not be
required at the hearing set pursuant to subdivision (e) of Section
366.21 if the court finds by clear and convincing evidence one of the
following:
(A) That the child was removed initially under subdivision (g) of
Section 300 and the whereabouts of the parent are still unknown.
(B) That the parent has failed to contact and visit the child.
(C) That the parent has been convicted of a felony indicating
parental unfitness.
(3) Notwithstanding subparagraphs (A), (B), and (C) of paragraph
(1), court-ordered services may be extended up to a maximum time
period not to exceed 18 months after the date the child was
originally removed from physical custody of his or her parent or
guardian if it can be shown, at the hearing held pursuant to
subdivision (f) of Section 366.21, that the permanent plan for the
child is that he or she will be returned and safely maintained in the
home within the extended time period. The court shall extend the
time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or guardian.
In determining whether court-ordered services may be extended, the
court shall consider the special circumstances of an incarcerated or
institutionalized parent or parents, or parent or parents
court-ordered to a residential substance abuse treatment program,
including, but not limited to, barriers to the parent's or guardian's
access to services and ability to maintain contact with his or her
child. The court shall also consider, among other factors, good faith
efforts that the parent or guardian has made to maintain contact
with the child. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court. Physical custody of
the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate or
avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts to
reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for some
or all members of a sibling group as described in subparagraph (C) of
paragraph (1).
(4) Notwithstanding paragraph (3), court-ordered services may be
extended up to a maximum time period not to exceed 24 months after
the date the child was originally removed from physical custody of
his or her parent or guardian if it is shown, at the hearing held
pursuant to subdivision (b) of Section 366.22, that the permanent
plan for the child is that he or she will be returned and safely
maintained in the home within the extended time period. The court
shall extend the time period only if it finds that it is in the child'
s best interest to have the time period extended and that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian who is described in
subdivision (b) of Section 366.22 within the extended time period,
or that reasonable services have not been provided to the parent or
guardian. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, the child cannot be safely returned to the
care and custody of a parent or guardian without court supervision,
but the child clearly desires contact with the parent or guardian,
the court shall take the child's desire into account in devising a
permanency plan.
Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
(b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
(1) That the whereabouts of the parent or guardian is unknown. A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian. The posting or publication of notices is not
required in that search.
(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
(3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.
(4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
(5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
(6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
(7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3),
(5), or (6).
(8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses. This paragraph only applies
to the parent who committed the offense or act.
(9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code. For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death. For purposes of this
paragraph, "willful abandonment" shall not be construed as actions
taken in good faith by the parent without the intent of placing the
child in serious danger.
(10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half sibling of that child from that
parent or guardian.
(11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made a
reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.
(12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
(13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court's attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least two
prior occasions, even though the programs identified were available
and accessible.
(14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption. The court shall not accept the waiver of services
unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.
(15) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half sibling from
his or her placement and refused to disclose the child's or child's
sibling's or half sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half sibling to the social worker.
(c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately
caring for the child within the time limits specified in subdivision
(a).
The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), or (15) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.
In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent. The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful. The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
(d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
(e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child. In determining detriment,
the court shall consider the age of the child, the degree of
parent-child bonding, the length of the sentence, the length and
nature of the treatment, the nature of the crime or illness, the
degree of detriment to the child if services are not offered and, for
children 10 years of age or older, the child's attitude toward the
implementation of family reunification services, the likelihood of
the parent's discharge from incarceration or institutionalization
within the reunification time limitations described in subdivision
(a), and any other appropriate factors. In determining the content of
reasonable services, the court shall consider the particular
barriers to an incarcerated or otherwise institutionalized parent's
access to those court-mandated services and ability to maintain
contact with his or her child, and shall document this information in
the child's case plan. Reunification services are subject to the
applicable time limitations imposed in subdivision (a). Services may
include, but shall not be limited to, all of the following:
(A) Maintaining contact between the parent and child through
collect telephone calls.
(B) Transportation services, where appropriate.
(C) Visitation services, where appropriate.
(D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
reunification service plan if actual access to these services is
provided. The social worker shall document in the child's case plan
the particular barriers to an incarcerated or institutionalized
parent's access to those court-mandated services and ability to
maintain contact with his or her child.
(2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code. The county welfare
department shall utilize the prisoner locator system developed by the
Department of Corrections and Rehabilitation to facilitate timely
and effective notice of hearings for incarcerated parents.
(3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
and Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child,
and shall consider in-state and out-of-state placement options. If
the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a). The court may continue to permit the parent to visit
the child unless it finds that visitation would be detrimental to
the child.
(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, it shall direct the agency supervising
the child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for in
Section 291.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.
If the proposed permanent plan is guardianship with an approved
relative caregiver for a minor eligible for aid under the Kin-GAP
Program, as provided for in Article 4.7 (commencing with Section
11385) of Chapter 2 of Part 3 of Division 9, "relative" as used in
this section has the same meaning as "relative" as defined in
subdivision (c) of Section 11391.
(E) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child over 12 years of age has been
consulted about the proposed relative guardianship arrangements
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, the relative caregiver shall be
informed about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the
executed negotiated agreement shall be attached to the assessment.
(h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) , of Chapter 2
of Part 3 of Division 9 , as applicable.
(i) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
(1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half sibling.
(2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half sibling.
(3) The severity of the emotional trauma suffered by the child or
the child's sibling or half sibling.
(4) Any history of abuse of other children by the offending parent
or guardian.
(5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
(6) Whether or not the child desires to be reunified with
the offending parent or guardian.
(j) When the court determines that reunification services will not
be ordered, it shall order that the child's caregiver receive the
child's birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.
(k) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
(l) This section shall become operative on January 1, 2014.
SEC. 17. Section 361.6 is added to the
Welfare and Institutions Code , to read:
361.6. Notwithstanding any other law, court-ordered family
reunification services may continue for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who attains 18 years of
age during the time period set forth in Section 361.5, until the next
six-month review hearing, provided that all parties are in agreement
that family reunification is in the best interests of the nonminor
dependent, and there is a substantial probability that the nonminor
dependent will be returned home at or before the next six-month
review hearing.
SEC. 18. Section 366.21 of the
Welfare and Institutions Code , as amended by Section
3 of Chapter 59 of the Statutes of 2011, is amended to read:
366.21. (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
(b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described in
subdivision (e) relating to the child's sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide the
parent or legal guardian, counsel for the child, and any
court-appointed child advocate with a copy of the report, including
his or her recommendation for disposition, at least 10 calendar days
prior to the hearing. In the case of a child removed from the
physical custody of his or her parent or legal guardian, the social
worker shall, at least 10 calendar days prior to the hearing, provide
a summary of his or her recommendation for disposition to any foster
parents, relative caregivers, and certified foster parents who have
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
(d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, the
facility or agency shall file with the court a report, or a Judicial
Council Caregiver Information Form (JV-290), containing its
recommendation for disposition. Prior to the hearing involving a
child in the physical custody of a foster parent, a relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency, the foster
parent, relative caregiver, or the certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, may file with the court a report containing his or her
recommendation for disposition. The court shall consider the report
and recommendation filed pursuant to this subdivision prior to
determining any disposition.
(e) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided, taking into account the particular barriers to
an incarcerated or institutionalized parent or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child.
Regardless of whether the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
If the child was under three years of age on the date of the
initial removal, or is a member of a sibling group described in
subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, and the court finds by clear and convincing evidence that the
parent failed to participate regularly and make substantive progress
in a court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under three years of age on the date of initial removal or is a
member of a sibling group described in subparagraph (C) of paragraph
(1) of subdivision (a) of Section 361.5, may be returned to his or
her parent or legal guardian within six months or that reasonable
services have not been provided, the court shall continue the case to
the 12-month permanency hearing.
For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, shall review and
consider the social worker's report and recommendations. Factors the
report shall address, and the court shall consider, may include, but
need not be limited to, whether the sibling group was removed from
parental care as a group, the closeness and strength of the sibling
bond, the ages of the siblings, the appropriateness of maintaining
the sibling group together, the detriment to the child if sibling
ties are not maintained, the likelihood of finding a permanent home
for the sibling group, whether the sibling group is currently placed
together in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group. The court shall
specify the factual basis for its finding that it is in the best
interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. The court shall
take into account any particular barriers to a parent's ability to
maintain contact with his or her child due to the parent's
incarceration or institutionalization. If the court finds by clear
and convincing evidence that the parent has been convicted of a
felony indicating parental unfitness, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.
If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
(f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to Section 361.49. At the permanency hearing, the
court shall determine the permanent plan for the child, which shall
include a determination of whether the child will be returned to the
child's home and, if so, when, within the time limits of subdivision
(a) of Section 361.5. The court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency hearing,
the court shall consider the criminal history, obtained pursuant to
paragraph (1) of subdivision (f) of Section 16504.5, of the parent or
legal guardian subsequent to the child's removal to the extent that
the criminal record is substantially related to the welfare of the
child or the parent or legal guardian's ability to exercise custody
and control regarding his or her child, provided that the parent or
legal guardian agreed to submit fingerprint images to obtain criminal
history information as part of the case plan. The court shall also
determine whether reasonable services that were designed to aid the
parent or legal guardian to overcome the problems that led to the
initial removal and continued custody of the child have been provided
or offered to the parent or legal guardian. For each youth 16 years
of age and older, the court shall also determine whether services
have been made available to assist him or her in making the
transition from foster care to independent living. The failure of the
parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5, shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided, taking into account the particular
barriers to an incarcerated or institutionalized parent or legal
guardian's access to those court-mandated services and ability to
maintain contact with his or her child and shall make appropriate
findings pursuant to subdivision (a) of Section 366.
Regardless of whether the child is returned to his or her parent
or legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
the return would be detrimental. The court also shall make a finding
pursuant to subdivision (a) of Section 366. If the child is not
returned to his or her parent or legal guardian, the court shall
consider, and state for the record, in-state and out-of-state
placement options. If the child is placed out of the state, the court
shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
(g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in
subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of
Section 361.5, as appropriate, and a child is not returned to the
custody of a parent or legal guardian at the permanency hearing held
pursuant to subdivision (f), the court shall do one of the following:
(1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
(A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
(C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.26 may be instituted. The court
may not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent , unless the nonminor
dependent is an Indian child and tribal customary adoption is
recommended as the permanent plan .
(3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship. For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination. That recommendation shall be based on the
present circumstances of the child and shall not preclude a different
recommendation at a later date if the child's circumstances change.
On and after January 1, 2012, the nonminor dependent's legal status
as an adult is in and of itself a compelling reason not to hold a
hearing pursuant to Section 366.26. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement.
If the court orders that a child who is 10 years of age or older
remain in long-term foster care, the court shall determine whether
the agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
(h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests. When the court
orders a termination of reunification services to the parent or
legal guardian, it shall also order that the child's caregiver
receive the child's birth certificate in accordance with Sections
16010.4 and 16010.5. Additionally, when the court orders a
termination of reunification services to the parent of legal
guardian, it shall order, when appropriate, that a child who is 16
years of age or older receive his or her birth certificate.
(i) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including, when, in consultation with the child's tribe,
tribal customary adoption is recommended, shall be held, it shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents or
legal guardians.
(B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
(G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(H) In the case of an Indian child, in addition to subparagraphs
(A) to (G), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an
approved relative caregiver for a minor
eligible for aid under the Kin-GAP Program, as provided for in
Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of
Division 9, the relative caregiver shall be informed about the terms
and conditions of the negotiated agreement pursuant to Section 11387
and shall agree to its execution prior to the hearing held pursuant
to Section 366.26. A copy of the executed negotiated agreement shall
be attached to the assessment.
(j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program as
provided in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, "relative" as used in this section has the
same meaning as "relative" as defined in subdivision (c) of Section
11391.
(l) For purposes of this section, evidence of any of the following
circumstances may not, in and of itself, be deemed a failure to
provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(m) The implementation and operation of the amendments to
subdivisions (c) and (g) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
(n) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 19. Section 366.21 of the
Welfare and Institutions Code , as amended by Section
4 of Chapter 59 of the Statutes of 2011, is amended to read:
366.21. (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
(b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described in
subdivision (e) relating to the child's sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide the
parent or legal guardian, counsel for the child, and any
court-appointed child advocate with a copy of the report, including
his or her recommendation for disposition, at least 10 calendar days
prior to the hearing. In the case of a child removed from the
physical custody of his or her parent or legal guardian, the social
worker shall, at least 10 calendar days prior to the hearing, provide
a summary of his or her recommendation for disposition to any foster
parents, relative caregivers, and certified foster parents who have
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
(d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, the facility or agency shall file with the court
a report, or a Judicial Council Caregiver Information Form (JV-290),
containing its recommendation for disposition. Prior to the hearing
involving a child in the physical custody of a foster parent, a
relative caregiver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative caregiver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or by a licensed
county adoption agency, may file with the court a report containing
his or her recommendation for disposition. The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
(e) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided, taking into account the particular barriers to
an incarcerated or institutionalized parent or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child.
Regardless of whether the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
If the child was under three years of age on the date of the
initial removal, or is a member of a sibling group described in
subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, and the court finds by clear and convincing evidence that the
parent failed to participate regularly and make substantive progress
in a court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under three years of age on the date of initial removal or is a
member of a sibling group described in subparagraph (C) of paragraph
(1) of subdivision (a) of Section 361.5, may be returned to his or
her parent or legal guardian within six months or that reasonable
services have not been provided, the court shall continue the case to
the 12-month permanency hearing.
For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, shall review and
consider the social worker's report and recommendations. Factors the
report shall address, and the court shall consider, may include, but
need not be limited to, whether the sibling group was removed from
parental care as a group, the closeness and strength of the sibling
bond, the ages of the siblings, the appropriateness of maintaining
the sibling group together, the detriment to the child if sibling
ties are not maintained, the likelihood of finding a permanent home
for the sibling group, whether the sibling group is currently placed
together in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group. The court shall
specify the factual basis for its finding that it is in the best
interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. The court shall
take into account any particular barriers to a parent's ability to
maintain contact with his or her child due to the parent's
incarceration or institutionalization. If the court finds by clear
and convincing evidence that the parent has been convicted of a
felony indicating parental unfitness, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.
If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
(f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to Section 361.49. At the permanency hearing, the
court shall determine the permanent plan for the child, which shall
include a determination of whether the child will be returned to the
child's home and, if so, when, within the time limits of subdivision
(a) of Section 361.5. The court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency hearing,
the court shall consider the criminal history, obtained pursuant to
paragraph (1) of subdivision (f) of Section 16504.5, of the parent or
legal guardian subsequent to the child's removal to the extent that
the criminal record is substantially related to the welfare of the
child or the parent or legal guardian's ability to exercise custody
and control regarding his or her child, provided that the parent or
legal guardian agreed to submit fingerprint images to obtain criminal
history information as part of the case plan. The court shall also
determine whether reasonable services that were designed to aid the
parent or legal guardian to overcome the problems that led to the
initial removal and continued custody of the child have been provided
or offered to the parent or legal guardian. For each youth 16 years
of age and older, the court shall also determine whether services
have been made available to assist him or her in making the
transition from foster care to independent living. The failure of the
parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5, shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided, taking into account the particular
barriers to an incarcerated or institutionalized parent or legal
guardian's access to those court-mandated services and ability to
maintain contact with his or her child and shall make appropriate
findings pursuant to subdivision (a) of Section 366.
Regardless of whether the child is returned to his or her parent
or legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
the return would be detrimental. The court also shall make a finding
pursuant to subdivision (a) of Section 366. If the child is not
returned to his or her parent or legal guardian, the court shall
consider, and state for the record, in-state and out-of-state
placement options. If the child is placed out of the state, the court
shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
(g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in
subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of
Section 361.5, as appropriate, and a child is not returned to the
custody of a parent or legal guardian at the permanency hearing held
pursuant to subdivision (f), the court shall do one of the following:
(1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
(A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
(C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.26 may be instituted. The court
may not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians. On or after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent.
(3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship. For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination. That recommendation shall be based on the
present circumstances of the child and shall not preclude a different
recommendation at a later date if the child's circumstances change.
On and after January 1, 2012, the nonminor dependent's legal status
as an adult is in and of itself a compelling reason not to hold a
hearing pursuant to Section 366.26. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement.
If the court orders that a child who is 10 years of age or older
remain in long-term foster care, the court shall determine whether
the agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
(h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests. When the court
orders a termination of reunification services to the parent or
legal guardian, it shall also order that the child's caregiver
receive the child's birth certificate in accordance with Sections
16010.4 and 16010.5. Additionally, when the court orders a
termination of reunification services to the parent of legal
guardian, it shall order, when appropriate, that a child who is 16
years of age or older receive his or her birth certificate.
(i) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents or
legal guardians.
(B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
(G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is
guardianship with an approved relative caregiver for a minor
eligible for aid under the Kin-GAP Program, as provided for in
Article 4.7 (commencing with Section 11385) of Chapter 2 Part 3 of
Division 9, the relative caregiver shall be informed about the terms
and conditions of the negotiated agreement pursuant to Section 11387
and shall agree to its execution prior to the hearing held
pursuant to Section 366.26. A copy of the executed negotiated
agreement shall be attached to the assessment.
(j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
(l) For purposes of this section, evidence of any of the following
circumstances may not, in and of itself, be deemed a failure to
provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(m) The implementation and operation of the amendments to
subdivisions (c) and (g) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
(n) This section shall become operative on January 1, 2014.
SEC. 20. Section 366.22 of the
Welfare and Institutions Code , as amended by Section
18 of Chapter 559 of the Statutes of 2010, is amended to read:
366.22. (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal, to
the extent that the criminal record is substantially related to the
welfare of the child or the parent's or legal guardian's ability to
exercise custody and control regarding his or her child, provided
that the parent or legal guardian agreed to submit fingerprint images
to obtain criminal history information as part of the case plan. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental. In making
its determination, the court shall review and consider the social
worker's report and recommendations and the report and
recommendations of any child advocate appointed pursuant to Section
356.5; shall consider the efforts or progress, or both, demonstrated
by the parent or legal guardian and the extent to which he or she
availed himself or herself of services provided, taking into account
the particular barriers of an incarcerated or institutionalized
parent or legal guardian's access to those court-mandated services
and ability to maintain contact with his or her child; and shall make
appropriate findings pursuant to subdivision (a) of Section 366.
Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
Unless the conditions in subdivision (b) are met and the child is
not returned to a parent or legal guardian at the permanency review
hearing, the court shall order that a hearing be held pursuant to
Section 366.26 in order to determine whether adoption, or, in the
case of an Indian child, in consultation with the child's tribe,
tribal customary adoption, guardianship, or long-term foster care is
the most appropriate plan for the child. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent , unless the
nonminor dependent is an Indian child with a permanent plan of tribal
customary adoption . However, if the court finds by clear and
convincing evidence, based on the evidence already presented to it,
including a recommendation by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, that there is a compelling reason, as described in paragraph
(3) of subdivision (g) of Section 366.21, for determining that a
hearing held under Section 366.26 is not in the best interest of the
child because the child is not a proper subject for adoption and has
no one willing to accept legal guardianship, then the court may, only
under these circumstances, order that the child remain in long-term
foster care. On and after January 1, 2012, the nonminor dependent's
legal status as an adult is in and of itself a compelling reason not
to hold a hearing pursuant to Section 366.26. The court may order
that a nonminor dependent who otherwise is eligible pursuant to
Section 11403 remain in a planned, permanent living arrangement. If
the court orders that a child who is 10 years of age or older remain
in long-term foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the permanency review hearing. The court
shall also order termination of reunification services to the parent
or legal guardian. The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear and
convincing evidence that the best interests of the child would be met
by the provision of additional reunification services to a parent or
legal guardian who is making significant and consistent progress in
a court-ordered residential substance abuse treatment program, or a
parent recently discharged from incarceration or institutionalization
and making significant and consistent progress in establishing a
safe home for the child's return, the court may continue the case for
up to six months for a subsequent permanency review hearing,
provided that the hearing shall occur within 24 months of the date
the child was originally taken from the physical custody of his or
her parent or legal guardian. The court shall continue the case only
if it finds that there is a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or legal guardian. For the purposes of this section, in
order to find a substantial probability that the child will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended period
of time, the court shall be required to find all of the following:
(1) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(2) That the parent or legal guardian has made significant and
consistent progress in the prior 18 months in resolving problems that
led to the child's removal from the home.
(3) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her substance
abuse treatment plan as evidenced by reports from a substance abuse
provider as applicable, or complete a treatment plan postdischarge
from incarceration or institutionalization, and to provide for the
child's safety, protection, physical and emotional well-being, and
special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(c) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including when a tribal customary adoption is recommended,
shall be held, it shall direct the agency supervising the child and
the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, the relative caregiver shall be
informed about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.
(d) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with an approved relative caregiver, and
juvenile court dependency is subsequently dismissed, the minor shall
be eligible for aid under the Kin-GAP Program, as provided for in
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
(e) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved
relative caregiver for a minor eligible for aid under the Kin-GAP
Program, as provided for in Article 4.7 (commencing with Section
11385) of Chapter 2 of Part 3 of Division 9, "relative" as used in
this section has the same meaning as "relative" as defined in
subdivision (c) of Section 11391.
(f) The implementation and operation of the amendments to
subdivision (a) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 21. Section 366.22 of the
Welfare and Institutions Code , as amended by Section
19 of Chapter 559 of the Statutes of 2010, is amended to read:
366.22. (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal, to
the extent that the criminal record is substantially related to the
welfare of the child or the parent's or legal guardian's ability to
exercise custody and control regarding his or her child, provided
that the parent or legal guardian agreed to submit fingerprint images
to obtain criminal history information as part of the case plan. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental. In making
its determination, the court shall review and consider the social
worker's report and recommendations and the report and
recommendations of any child advocate appointed pursuant to Section
356.5; shall consider the efforts or progress, or both, demonstrated
by the parent or legal guardian and the extent to which he or she
availed himself or herself of services provided, taking into account
the particular barriers of an incarcerated or institutionalized
parent or legal guardian's access to those court-mandated services
and ability to maintain contact with his or her child; and shall make
appropriate findings pursuant to subdivision (a) of Section 366.
Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
Unless the conditions in subdivision (b) are met and the child is
not returned to a parent or legal guardian at the permanency review
hearing, the court shall order that a hearing be held pursuant to
Section 366.26 in order to determine whether adoption, guardianship,
or long-term foster care is the most appropriate plan for the child.
On and after January 1, 2012, a hearing pursuant to Section 366.26
shall not be ordered if the child is a nonminor dependent. However,
if the court finds by clear and convincing evidence, based on the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason, as described in paragraph (3) of subdivision (g) of Section
366.21, for determining that a hearing held under Section 366.26 is
not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship, then the court may, only under these circumstances,
order that the child remain in long-term foster care. On and after
January 1, 2012, the nonminor dependent's legal status as an adult is
in and of itself a compelling reason not to hold a hearing pursuant
to Section 366.26. The court may order that a nonminor dependent who
otherwise is eligible pursuant to Section 11403 remain in a planned,
permanent living arrangement. If the court orders that a child who is
10 years of age or older remain in long-term foster care, the court
shall determine whether the agency has made reasonable efforts to
maintain the child's relationships with individuals other than the
child's siblings who are important to the child, consistent with the
child's best interests, and may make any appropriate order to ensure
that those relationships are maintained. The hearing shall be held no
later than 120 days from the date of the permanency review hearing.
The court shall also order termination of reunification services to
the parent or legal guardian. The court shall continue to permit the
parent or legal guardian to visit the child unless it finds that
visitation would be detrimental to the child. The court shall
determine whether reasonable services have been offered or provided
to the parent or legal guardian. For purposes of this subdivision,
evidence of any of the following circumstances shall not, in and of
themselves, be deemed a failure to provide or offer reasonable
services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear and
convincing evidence that the best interests of the child would be met
by the provision of additional reunification services to a parent or
legal guardian who is making significant and consistent progress in
a court-ordered residential substance abuse treatment program, or a
parent recently discharged from incarceration or institutionalization
and making significant and consistent progress in establishing a
safe home for the child's return, the court may continue the case for
up to six months for a subsequent permanency review hearing,
provided that the hearing shall occur within 24 months of the date
the child was originally taken from the physical custody of his or
her parent or legal guardian. The court shall continue the case only
if it finds that there is a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or legal guardian. For the purposes of this section, in
order to find a substantial probability that the child will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended period
of time, the court shall be required to find all of the following:
(1) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(2) That the parent or legal guardian has made significant and
consistent progress in the prior 18 months in resolving problems that
led to the child's removal from the home.
(3) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her substance
abuse treatment plan as evidenced by reports from a substance abuse
provider as applicable, or complete a treatment plan postdischarge
from incarceration or institutionalization, and to provide for the
child's safety, protection, physical and emotional well-being, and
special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(c) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, the relative caregiver shall be
informed about the terms and conditio ns of the negotiated
agreement pursuant to Section 11387 and shall agree to its execution
prior to the hearing held pursuant to Section 366.26. A copy of the
executed negotiated agreement shall be attached to the assessment.
(d) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with an approved relative caregiver, and
juvenile court dependency is subsequently dismissed, the minor shall
be eligible for aid under the Kin-GAP Program, as provided for in
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
(e) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
(f) The implementation and operation of the amendments to
subdivision (a) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(g) This section shall become operative on January 1, 2014.
SEC. 22. Section 366.24 of the Welfare
and Institutions Code is amended to read:
366.24. (a) (1) For purposes of this
section, "tribal customary adoption" means adoption by and through
the tribal custom, traditions, or law of an Indian child's tribe.
Termination of parental rights is not required to effect the tribal
customary adoption.
(2) For purposes of this section, "Indian child" also includes a
nonminor dependent as described in subdivision (v) of Section 11400,
unless the nonminor dependent has elected not to be considered an
Indian child pursuant to subdivision (b) of Section 224.1.
(b) Whenever an assessment is ordered pursuant to Section 361.5,
366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment
shall address the option of tribal customary adoption.
(c) For purposes of Section 366.26, in the case of tribal
customary adoptions, all of the following apply:
(1) The child's tribe or the tribe's designee shall conduct a
tribal customary adoptive home study prior to final approval of the
tribal customary adoptive placement.
(A) If a tribal designee is conducting the home study, the
designee shall do so in consultation with the Indian child's tribe.
The designee may include a licensed county adoption agency, the State
Department of Social Services when it is acting as an adoption
agency in counties not served by a county adoption agency, or a
California-licensed adoption agency. Any tribal designee must be an
entity that is authorized to request a search of the Child Abuse
Central Index and, if necessary, a check of any other state's child
abuse and neglect registry, and must be an entity that is authorized
to request a search for state and federal level criminal offender
records information through the Department of Justice.
(B) The standard for the evaluation of the prospective adoptive
parents' home shall be the prevailing social and cultural standard of
the child's tribe. The home study shall include an evaluation of the
background, safety, and health information of the adoptive home,
including the biological, psychological, and social factors of the
prospective adoptive parent or parents, and an assessment of the
commitment, capability, and suitability of the prospective adoptive
parent or parents to meet the child's needs.
(2) In all cases, an in-state check of the Child Abuse Central
Index and, if necessary, a check of any other state's child abuse and
neglect registry shall be conducted. If the tribe chooses a designee
to conduct the home study, the designee shall perform a check of the
Child Abuse Central Index pursuant to Section 1522.1 of the Health
and Safety Code as it applies to prospective adoptive parents and
persons over 18 years of age residing in their household. If the
tribe conducts its own home study, the agency that has the placement
and care responsibility of the child shall perform the check.
(3) (A) In all cases prior to final approval of the tribal
customary adoptive placement, a state and federal criminal background
check through the Department of Justice shall be conducted on the
prospective tribal customary adoptive parents and on persons over 18
years of age residing in their household.
(B) If the tribe chooses a designee to conduct the home study, the
designee shall perform the state and federal criminal background
check required pursuant to subparagraph (A) through the Department of
Justice prior to final approval of the adoptive placement.
(C) If the tribe conducts its own home study, the public adoption
agency that is otherwise authorized to obtain criminal background
information for the purpose of adoption shall perform the state and
federal criminal background check required pursuant to subparagraph
(A) through the Department of Justice prior to final approval of the
adoptive placement.
(D) An individual who is the subject of a background check
conducted pursuant to this paragraph may be provided by the entity
performing the background check with a copy of his or her state or
federal level criminal offender record information search response as
provided to that entity by the Department of Justice if the entity
has denied a criminal background clearance based on this information
and the individual makes a written request to the entity for a copy
specifying an address to which it is to be sent. The state or federal
level criminal offender record information search response shall not
be modified or altered from its form or content as provided by the
Department of Justice and shall be provided to the address specified
by the individual in his or her written request. The entity shall
retain a copy of the individual's written request and the response
and date provided.
(4) If federal or state law provides that tribes may conduct all
required background checks for prospective adoptive parents, the
tribally administered background checks shall satisfy the
requirements of this section, so long as the standards for the
background checks are the same as those applied to all other
prospective adoptive parents in the State of California.
(5) Under no circumstances shall final approval be granted for an
adoptive placement in any home if the prospective adoptive parent or
any adult living in the prospective tribal customary adoptive home
has any of the following:
(A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A) and subparagraph
(B), or paragraph (1) of, subdivision (g) of Section 1522 of the
Health and Safety Code.
(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug-related offense.
(6) If the tribe identifies tribal customary adoption as the
permanent placement plan for the Indian child, the court may continue
the selection and implementation hearing governed by Section 366.26
for a period not to exceed 120 days to permit the tribe to complete
the process for tribal customary adoption and file with the court a
tribal customary adoption order evidencing that a tribal customary
adoption has been completed. The tribe shall file with the court the
tribal customary adoption order no less than 20 days prior to the
date set by the court for the continued selection and implementation
hearing. The department shall file with the court the addendum
selection and implementation hearing court report no less than seven
days prior to the date set by the court for the continued selection
and implementation hearing. The court shall have discretion to grant
an additional continuance to the tribe for filing a tribal customary
adoption order up to, but not exceeding, 60 days. If the child's
tribe does not file the tribal customary adoption order within the
designated time period, the court shall make new findings and orders
pursuant to subdivision (b) of Section 366.26 and this subdivision to
determine the best permanent plan for the child.
(7) The child, birth parents, or Indian custodian and the tribal
customary adoptive parents and their counsel, if applicable, may
present evidence to the tribe regarding the tribal customary adoption
and the child's best interest.
(8) Upon the court affording full faith and credit to the tribal
customary adoption order and the tribe's approval of the home study,
the child shall be eligible for tribal customary adoptive placement.
The agency that has placement and care responsibility of the child
shall be authorized to make a tribal customary adoptive placement and
sign a tribal customary adoptive placement agreement and,
thereafter, shall sign the adoption assistance agreement pursuant to
subdivision (g) of Section 16120. The prospective adoptive parent or
parents desiring to adopt the child may then file the petition for
adoption. The agency shall supervise the adoptive placement for a
period of six months unless either of the following circumstances
exists:
(A) The child to be adopted is a foster child of the prospective
adoptive parents whose foster care placement has been supervised by
an agency before the signing of the adoptive placement agreement in
which case the supervisory period may be shortened by one month for
each full month that the child has been in foster care with the
family.
(B) The child to be adopted is placed with a relative with whom he
or she has an established relationship.
(9) All licensed public adoption agencies shall cooperate with and
assist the department in devising a plan that will effectuate the
effective and discreet transmission to tribal customary adoptees or
prospective tribal customary adoptive parents of pertinent medical
information reported to the department or the licensed public
adoption agency, upon the request of the person reporting the medical
information.
(A) A licensed public adoption agency may not place a child for
tribal customary adoption unless a written report on the child's
medical background and, if available, the medical background on the
child's biological parents, so far as ascertainable, has been
submitted to the prospective tribal customary adoptive parents and
they have acknowledged in writing the receipt of the report.
(B) The report on the child's background shall contain all known
diagnostic information, including current medical reports on the
child, psychological evaluations, and scholastic information, as well
as all known information regarding the child's developmental
history.
(10) The tribal customary adoption order shall include, but not be
limited to, a description of (A) the modification of the legal
relationship of the birth parents or Indian custodian and the child,
including contact, if any, between the child and the birth parents or
Indian custodian, responsibilities of the birth parents or Indian
custodian, and the rights of inheritance of the child and (B) the
child's legal relationship with the tribe. The order shall not
include any child support obligation from the birth parents or Indian
custodian. There shall be a conclusive presumption that any parental
rights or obligations not specified in the tribal customary adoption
order shall vest in the tribal customary adoptive parents.
(11) Prior consent to a permanent plan of tribal customary
adoption of an Indian child shall not be required of an Indian parent
or Indian custodian whose parental relationship to the child will be
modified by the tribal customary adoption.
(12) After the prospective adoptive parent or parents desiring to
adopt the child have filed the adoption petition, the agency that has
placement, care, and responsibility for the child shall submit to
the court, a full and final report of the facts of the proposed
tribal customary adoption. The requisite elements of the final court
report shall be those specified for court reports in the department's
regulations governing agency adoptions.
(13) Notwithstanding any other provision of law, after the tribal
customary adoption order has been issued and afforded full faith and
credit by the state court, supervision of the adoptive placement has
been completed, and the state court has issued a final decree of
adoption, the tribal customary adoptive parents shall have all of the
rights and privileges afforded to, and are subject to all the duties
of, any other adoptive parent or parents pursuant to the laws of
this state.
(14) Consistent with Section 366.3, after the tribal customary
adoption has been afforded full faith and credit and a final adoption
decree has been issued, the court shall terminate its jurisdiction
over the Indian child.
(15) Nothing in this section is intended to prevent the transfer
of those proceedings to a tribal court where transfer is otherwise
permitted under applicable law.
(d) The following disclosure provisions shall apply to tribal
customary adoptions:
(1) The petition, agreement, order, report to the court from any
investigating agency, and any power of attorney filed in a tribal
customary adoption proceeding is not open to inspection by any person
other than the parties to the proceeding and their attorneys and the
department, except upon the written authority of the judge of the
juvenile court. A judge may not authorize anyone to inspect the
petition, agreement, order, report to the court from any
investigating agency, and any power of attorney except in exceptional
circumstances and for good cause approaching the necessitous.
(2) Except as otherwise permitted or required by statute, neither
the department nor any licensed adoption agency shall release
information that would identify persons who receive, or have
received, tribal customary adoption services. However, employees of
the department and licensed adoption agencies shall release to the
State Department of Social Services any requested information,
including identifying information, for the purpose of recordkeeping
and monitoring, evaluation, and regulation of the provision of tribal
customary adoption services.
(3) The department and any licensed adoption agency may, upon
written authorization for the release of specified information by the
subject of that information, share information regarding a
prospective tribal customary adoptive parent or birth parent with
other social service agencies, including the department and other
licensed adoption agencies, or providers of health care as defined in
Section 56.05 of the Civil Code.
(4) Notwithstanding any other law, the department and any other
licensed adoption agency may furnish information relating to a tribal
customary adoption petition or to a child in the custody of the
department or any licensed public adoption agency to the juvenile
court, county welfare department, public welfare agency, private
welfare agency licensed by the department, provider of foster care
services, potential adoptive parents, or provider of health care as
defined in Section 56.05 of the Civil Code, if it is believed the
child's welfare will be promoted thereby.
(5) The department and any licensed adoption agency may make
tribal customary adoption case records, including identifying
information, available for research purposes, provided that the
research will not result in the disclosure of the identity of the
child or the parties to the tribal customary adoption to anyone other
than the entity conducting the research.
(e) This section shall remain operative only to the extent that
compliance with its provisions does not conflict with federal law as
a condition of receiving funding under Title IV-E or the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
(f) The Judicial Council shall adopt rules of court and necessary
forms required to implement tribal customary adoption as a permanent
plan for dependent Indian children. The Judicial Council shall study
California's tribal customary adoption provisions and their effects
on children, birth parents, adoptive parents, Indian custodians,
tribes, and the court, and shall report all of its findings to the
Legislature on or before January 1, 2013. The report shall include,
but not be limited to, the following:
(1) The number of families served and the number of completed
tribal customary adoptions.
(2) The length of time it takes to complete a tribal customary
adoption.
(3) The challenges faced by social workers, court, and tribes in
completing tribal customary adoptions.
(4) The benefits or detriments to Indian children from a tribal
customary adoption.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 23. Section 366.25 of the
Welfare and Institutions Code , as amended by Section
20 of Chapter 559 of the Statutes of 2010, is amended to read:
366.25. (a) (1) When a case has been continued pursuant to
subdivision (b) of Section 366.22, the subsequent permanency review
hearing shall occur within 24 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the subsequent
permanency review hearing, the court shall consider the criminal
history, obtained pursuant to paragraph (1) of subdivision (f) of
Section 16504.5, of the parent or legal guardian subsequent to the
child's removal to the extent that the criminal record is
substantially related to the welfare of the child or parent or legal
guardian's ability to exercise custody and control regarding his or
her child provided that the parent or legal guardian agreed to submit
fingerprint images to obtain criminal history information as part of
the case plan. The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental. In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5; shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided; and shall
make appropriate findings pursuant to subdivision (a) of Section 366.
(2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parents or legal guardian, the court shall consider and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in best interests of the child.
(3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order that
a hearing be held pursuant to Section 366.26 in order to determine
whether adoption, or, in the case of an Indian child, tribal
customary adoption, guardianship, or long-term foster care is the
most appropriate plan for the child. On and after January 1, 2012, a
hearing pursuant to Section 366.26 shall not be ordered if the child
is a nonminor dependent , unless the nonminor
dependent is an Indian child and tribal customary adoption is
recommended as the permanent plan . However, if the court finds
by clear and convincing evidence, based on the evidence already
presented to it, including a recommendation by the State Department
of Social Services when it is acting as an adoption agency in
counties that are not served by a county adoption agency or by a
licensed county adoption agency, that there is a compelling reason,
as described in paragraph (3) of subdivision (g) of Section 366.21,
for determining that a hearing held under Section 366.26 is not in
the best interest of the child because the child is not a proper
subject for adoption or, in the case of an Indian child, tribal
customary adoption, and has no one willing to accept legal
guardianship, then the court may, only under these circumstances,
order that the child remain in long-term foster care. On and after
January 1, 2012, the nonminor dependent's legal status as an adult is
in and of itself a compelling reason not to hold a hearing pursuant
to Section 366.26. The court may order that a nonminor dependent who
otherwise is eligible pursuant to Section 11403 remain in a planned,
permanent living arrangement. If the court orders that a child who is
10 years of age or older remain in long-term foster care, the court
shall determine whether the agency has made reasonable efforts to
maintain the child's relationships with individuals other than the
child's siblings who are important to the child, consistent with the
child's best interests, and may make any appropriate order to ensure
that those relationships are maintained. The hearing shall be held no
later than 120 days from the date of the subsequent permanency
review hearing. The court shall also order termination of
reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child unless it finds that visitation would be detrimental to the
child. The court shall determine whether reasonable services have
been offered or provided to the parent or legal guardian. For
purposes of this subdivision, evidence of any of the following
circumstances shall not, in and of themselves, be deemed a failure to
provide or offer reasonable services:
(A) The child has
been placed with a foster family that is eligible to adopt a child,
or has been placed in a preadoptive home.
(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including a prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, including a prospective tribal
customary adoptive parent, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, the relative caregiver shall be
informed about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.
(c) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
(e) The implementation and operation of subdivision (a) enacted at
the 2005-06 Regular Session shall be subject to appropriation
through the budget process and by phase, as provided in Section
366.35.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 24. Section 366.25 of the
Welfare and Institutions Code , as amended by Section
21 of Chapter 559 of the Statutes of 2010, is amended to read:
366.25. (a) (1) When a case has been continued pursuant to
subdivision (b) of Section 366.22, the subsequent permanency review
hearing shall occur within 24 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the subsequent
permanency review hearing, the court shall consider the criminal
history, obtained pursuant to paragraph (1) of subdivision (f) of
Section 16504.5, of the parent or legal guardian subsequent to the
child's removal to the extent that the criminal record is
substantially related to the welfare of the child or parent or legal
guardian's ability to exercise custody and control regarding his or
her child provided that the parent or legal guardian agreed to submit
fingerprint images to obtain criminal history information as part of
the case plan. The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental. In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5; shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided; and shall
make appropriate findings pursuant to subdivision (a) of Section 366.
(2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parents or legal guardian, the court shall consider and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in best interests of the child.
(3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order that
a hearing be held pursuant to Section 366.26 in order to determine
whether adoption, guardianship, or long-term foster care is the most
appropriate plan for the child. On and after January 1, 2012, a
hearing pursuant to Section 366.26 shall not be ordered if the child
is a nonminor dependent. However, if the court finds by clear and
convincing evidence, based on the evidence already presented to it,
including a recommendation by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, that there is a compelling reason, as described in paragraph
(3) of subdivision (g) of Section 366.21, for determining that a
hearing held under Section 366.26 is not in the best interest of the
child because the child is not a proper subject for adoption and has
no one willing to accept legal guardianship, then the court may, only
under these circumstances, order that the child remain in long-term
foster care. On and after January 1, 2012, the nonminor dependent's
legal status as an adult is in and of itself a compelling reason not
to hold a hearing pursuant to Section 366.26. The court may order
that a nonminor dependent who otherwise is eligible pursuant to
Section 11403 remain in a planned, permanent living arrangement. If
the court orders that a child who is 10 years of age or older remain
in long-term foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the subsequent permanency review hearing.
The court shall also order termination of reunification services to
the parent or legal guardian. The court shall continue to permit the
parent or legal guardian to visit the child unless it finds that
visitation would be detrimental to the child. The court shall
determine whether reasonable services have been offered or provided
to the parent or legal guardian. For purposes of this subdivision,
evidence of any of the following circumstances shall not, in and of
themselves, be deemed a failure to provide or offer reasonable
services:
(A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, the relative caregiver shall be
informed about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.
(c) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
(e) The implementation and operation of subdivision (a) enacted at
the 2005-06 Regular Session shall be subject to appropriation
through the budget process and by phase, as provided in Section
366.35.
(f) This section shall become operative on January 1, 2014.
SEC. 25. Section 366.26 of the
Welfare and Institutions Code , as amended by Section
15 of Chapter 287 of the Statutes of 2009, is amended to read:
366.26. (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
(b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:
(1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
(2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child's tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).
(3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
(4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.
(5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
(6) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
(c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that it
is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not
likely the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for six
months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody of
the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental
rights. Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
(A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
(B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
(i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
(ii) A child 12 years of age or older objects to termination of
parental rights.
(iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
(iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
(v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
(vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
(I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
(II) The child's tribe has identified guardianship, long-term
foster care with a fit and willing relative, tribal customary
adoption, or another planned permanent living arrangement for the
child.
(III) The child is a nonminor dependent, and the nonminor and the
nonminor's tribe have identified tribal customary adoption for the
nonminor.
(C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.
(D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii),
(iv), (v), or (vi), it shall state its reasons in writing or on the
record.
(2) The court shall not terminate parental rights if:
(A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
(B) In the case of an Indian child:
(i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.
(ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
(iii) The court has ordered tribal customary adoption pursuant to
Section 366.24.
(3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order
that efforts be made to locate
an appropriate adoptive family for the child, within the state or out
of the state, within a period not to exceed 180 days. During this
180-day period, the public agency responsible for seeking adoptive
parents for each child shall, to the extent possible, ask each child
who is 10 years of age or older, to identify any individuals, other
than the child's siblings, who are important to the child, in order
to identify potential adoptive parents. The public agency may ask any
other child to provide that information, as appropriate. During the
180-day period, the public agency shall, to the extent possible,
contact other private and public adoption agencies regarding the
availability of the child for adoption. During the 180-day period,
the public agency shall conduct the search for adoptive parents in
the same manner as prescribed for children in Sections 8708 and 8709
of the Family Code. At the expiration of this period, another hearing
shall be held and the court shall proceed pursuant to paragraph (1),
(2), (3), (5), or (6) of subdivision (b). For purposes of this
section, a child may only be found to be difficult to place for
adoption if there is no identified or available prospective adoptive
parent for the child because of the child's membership in a sibling
group, or the presence of a diagnosed medical, physical, or mental
handicap, or the child is seven years of age or more.
(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in clause (i), (ii), (iii),
(iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in
paragraph (2) applies, the court shall either order that the present
caretakers or other appropriate persons shall become legal guardians
of the child order that the child remain in long-term foster care,
or, in the case of an Indian child, consider a tribal customary
adoption pursuant to Section 366.24. Legal guardianship shall be
considered before long-term foster care, if it is in the best
interests of the child and if a suitable guardian can be found. A
child who is 10 years of age or older, shall be asked to identify any
individuals, other than the child's siblings, who are important to
the child, in order to identify potential guardians or, in the case
of an Indian child, prospective tribal customary adoptive parents.
The agency may ask any other child to provide that information, as
appropriate.
(B) If the child is living with a relative or a foster parent who
is willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
relative caretaker or foster parents.
(C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
(5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency. The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer. The transfer shall be subject to further
court orders.
The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
(d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by the
court prior to the appointment, and this shall be reflected in the
minutes of the court. The person preparing the assessment may be
called and examined by any party to the proceeding.
(e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the
appropriate permanent plan and the petition for adoption is filed in
the juvenile court. Upon the filing of a petition for adoption, the
juvenile court shall order that an adoption hearing be set. The court
shall proceed with the adoption after the appellate rights of the
natural parents have been exhausted. The full report required by
Section 8715 of the Family Code shall be read and considered by the
court prior to the adoption and this shall be reflected in the
minutes of the court. The person preparing the report may be called
and examined by any party to the proceeding. It is the intent of the
Legislature, pursuant to this subdivision, to give potential adoptive
parents the option of filing in the juvenile court the petition for
the adoption of a child who is a dependent of the juvenile court.
Nothing in this section is intended to prevent the filing of a
petition for adoption in any other court as permitted by law, instead
of in the juvenile court.
(2) In the case of an Indian child, if the Indian child's tribe
has elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the
public acts, records, judicial proceedings, and judgments of any
other entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who is
the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.
(3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal
customary adoption to the extent that the child cannot be
relinquished to a licensed adoption agency on the grounds that the
child is considered unadoptable, and of which condition the tribal
customary adoptive parent or parents had no knowledge or notice
before the entry of the tribal customary adoption order, a petition
setting forth those facts may be filed by the tribal customary
adoptive parent or parents with the juvenile court that granted the
tribal customary adoption petition. If these facts are proved to the
satisfaction of the juvenile court, it may make an order setting
aside the tribal customary adoption order. The set aside petition
shall be filed within five years of the issuance of the tribal
customary adoption order. The court clerk shall immediately notify
the child's tribe and the department in Sacramento of the petition
within 60 days after the notice of filing of the petition. The
department shall file a full report with the court and shall appear
before the court for the purpose of representing the child. Whenever
a final decree of tribal customary adoption has been vacated or set
aside, the child shall be returned to the custody of the county in
which the proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child's tribe.
(f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
(1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.
(2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent. The public defender or private counsel may be appointed
as counsel for the parent.
(3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just. However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
(g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
(h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
(2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
(3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
(i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
(ii) The child is likely to be intimidated by a formal courtroom
setting.
(iii) The child is afraid to testify in front of his or her parent
or parents.
(B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.
(C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
(i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise as provided in
this chapter. After making the order, the juvenile court shall have
no power to set aside, change, or modify it, except as provided in
paragraph (2), but nothing in this section shall be construed to
limit the right to appeal the order.
(2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child's tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate, in
good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.
(3) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services or licensed
adoption agency that is responsible for custody and supervision of
the child as described in subdivision (j) and the child stipulate
that the child is no longer likely to be adopted. A child over 12
years of age shall sign the petition in the absence of a showing of
good cause as to why the child could not do so. If it appears that
the best interests of the child may be promoted by reinstatement of
parental rights, the court shall order that a hearing be held and
shall give prior notice, or cause prior notice to be given, to the
social worker or probation officer and to the child's attorney of
record, or, if there is no attorney of record for the child, to the
child, and the child's tribe, if applicable, by means prescribed by
subdivision (c) of Section 297. The court shall order the child or
the social worker or probation officer to give prior notice of the
hearing to the child's former parent or parents whose parental rights
were terminated in the manner prescribed by subdivision (f) of
Section 294 where the recommendation is adoption. The juvenile court
shall grant the petition if it finds by clear and convincing evidence
that the child is no longer likely to be adopted and that
reinstatement of parental rights is in the child's best interest. If
the court reinstates parental rights over a child who is under 12
years of age and for whom the new permanent plan will not be
reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
(j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency. However, except in the case of a tribal customary adoption
where there is no termination of parental rights, a petition for
adoption may not be granted until the appellate rights of the natural
parents have been exhausted. The State Department of Social Services
or licensed adoption agency shall be responsible for the custody and
supervision of the child and shall be entitled to the exclusive care
and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.
(k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
(l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:
(A) A petition for extraordinary writ review was filed in a timely
manner.
(B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
(C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
(2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
(3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
(A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
(B) The prompt transmittal of the records from the trial court to
the appellate court.
(C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
(D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
(4) The intent of this subdivision is to do both of the following:
(A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant
to this section.
(B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
(m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
(n) (1) Notwithstanding Section 8704 of the Family Code or any
other provision of law, the court, at a hearing held pursuant to this
section or anytime thereafter, may designate a current caretaker as
a prospective adoptive parent if the child has lived with the
caretaker for at least six months, the caretaker currently expresses
a commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services or licensed adoption agency.
(2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
(A) Applying for an adoption home study.
(B) Cooperating with an adoption home study.
(C) Being designated by the court or the licensed adoption agency
as the adoptive family.
(D) Requesting de facto parent status.
(E) Signing an adoptive placement agreement.
(F) Engaging in discussions regarding a postadoption contact
agreement.
(G) Working to overcome any impediments that have been identified
by the State Department of Social Services and the licensed adoption
agency.
(H) Attending classes required of prospective adoptive parents.
(3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
(A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
(B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
(C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department or licensed
adoption agency, unless the caretaker has been declared a de facto
parent by the court prior to the notice of removal served pursuant to
paragraph (3).
(D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
(4) Notwithstanding paragraph (3), if the State Department of
Social Services or a licensed adoption agency determines that the
child must be removed from the home of the caretaker who is or may be
a designated prospective adoptive parent immediately, due to a risk
of physical or emotional harm, the agency may remove the child from
that home and is not required to provide notice prior to the removal.
However, as soon as possible and not longer than two court days
after the removal, the agency shall notify the court, the caretaker
who is or may be a designated prospective adoptive parent, the child'
s attorney, and the child, if the child is 10 years of age or older,
of the removal. Within five court days or seven calendar days,
whichever is longer, of the date of notification of the removal, the
child, the child's attorney, or the caretaker who is or may be a
designated prospective adoptive parent may petition for, or the court
on its own motion may set, a noticed hearing pursuant to paragraph
(3). The court may, for good cause, extend the filing period.
(5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
(6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
(7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
(o) The implementation and operation of the amendments to
paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
(4) of subdivision (c) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
(p) This section shall remain in effect only until
January 1, 2014, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2014, deletes or
extends that date.
SEC. 26. Section 366.3 of the
Welfare and Institutions Code , as amended by Section
22 of Chapter 559 of the Statutes of 2010, is amended to read:
366.3. (a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, adoption of a nonminor
dependent pursuant to Section 9300 of the Family Code, or legal
guardianship pursuant to Section 360 or 366.26, the court shall
retain jurisdiction over the child or nonminor dependent
until the child or nonminor dependent is adopted or the
legal guardianship is established, except as provided for in Section
366.29 or, on and after January 1, 2012, Section 366.31. The status
of the child or nonminor dependent shall be reviewed every
six months to ensure that the adoption or legal guardianship is
completed as expeditiously as possible. When the adoption of the
child or nonminor dependent has been granted, or in the
case of a tribal customary adoption, when the tribal customary
adoption order has been afforded full faith and credit and the
petition for adoption has been granted, the court shall terminate its
jurisdiction over the child or nonminor dependent .
Following establishment of a legal guardianship, the court may
continue jurisdiction over the child as a dependent child of the
juvenile court or may terminate its dependency jurisdiction and
retain jurisdiction over the child as a ward of the legal
guardianship, as authorized by Section 366.4. If, however, a relative
of the child is appointed the legal guardian of the child and the
child has been placed with the relative for at least six months, the
court shall, except if the relative guardian objects, or upon a
finding of exceptional circumstances, terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
guardianship, as authorized by Section 366.4. Following a termination
of parental rights, the parent or parents shall not be a party to,
or receive notice of, any subsequent proceedings regarding the child.
(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home, without terminating the
legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, either
juvenile court may resume dependency jurisdiction over the child, and
may order the county department of social services or welfare
department to develop a new permanent plan, which shall be presented
to the court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption or, for an Indian child, tribal customary
adoption, may be an appropriate plan for the child, the department
shall so notify the court. The court may vacate its previous order
dismissing dependency jurisdiction over the child and order that a
hearing be held pursuant to Section 366.26 to determine whether
adoption or continued legal guardianship is the most appropriate plan
for the child. The hearing shall be held no later than 120 days from
the date of the order. If the court orders that a hearing shall be
held pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or the
State Department of Social Services if it is acting as an adoption
agency in counties that are not served by a county adoption agency,
to prepare an assessment under subdivision (b) of Section 366.22.
(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child
shall be reviewed at least every six months. The review of the status
of a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted by
the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an appropriate
local agency. The court shall conduct the review under the following
circumstances:
(1) Upon the request of the child's parents or legal guardians.
(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.
(3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
(4) It has been 12 months since a review was conducted by the
court.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
(3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.
(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, in another planned permanent living arrangement, or,
for an Indian child, in consultation with the child's tribe, placed
for tribal customary adoption.
(9) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
(10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed to
assist the child or nonminor dependent to make the transition from
foster care to independent living.
The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
(f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment. On and after January
1, 2012, this subdivision shall not apply to the parents of a
nonminor dependent.
(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, or,
for an Indian child for whom parental rights are not being terminated
and a tribal customary adoption is being considered, the county
welfare department shall prepare and present to the court a report
describing the following:
(1) The child's present placement.
(2) The child's current physical, mental, emotional, and
educational status.
(3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
(4) Whether the child has been placed with a prospective adoptive
parent or parents.
(5) Whether an adoptive placement agreement has been signed and
filed.
(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
(8) The progress of the search for an adoptive placement if one
has not been identified.
(9) Any impediments to the adoption or the adoptive placement.
(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
(11) The anticipated date by which an adoptive placement agreement
will be signed.
(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or, for an
Indian child, in consultation with the child's tribe, placed for
tribal customary adoption, or appointed a legal guardian, or, if
compelling reasons exist for finding that none of the foregoing
options are in the best interest of the child, whether the child
should be placed in another planned permanent living arrangement. The
court shall order that a hearing be held pursuant to Section 366.26,
unless it determines by clear and convincing evidence that there is
a compelling reason for determining that a hearing held pursuant to
Section 366.26 is not in the best interest of the child because the
child is being returned to the home of the parent, the child is not a
proper subject for adoption, or no one is willing to accept legal
guardianship. If the licensed county adoption agency, or the
department when it is acting as an adoption agency in counties that
are not served by a county adoption agency, has determined it is
unlikely that the child will be adopted or one of the conditions
described in paragraph (1) of subdivision (c) of Section 366.26
applies, that fact shall constitute a compelling reason for purposes
of this subdivision. Only upon that determination may the court order
that the child remain in long-term foster care, without holding a
hearing pursuant to Section 366.26. On and after January 1, 2012, the
nonminor dependent's legal status as an adult is in and of itself a
compelling reason not to hold a hearing pursuant to Section 366.26.
(i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, tribal
customary adoption, legal guardianship, or long-term foster care is
the most appropriate plan for the child. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent , unless
the nonminor dependent is an Indian child and tribal customary
adoption is recommended as the permanent plan . The court may
order that a nonminor dependent who otherwise is eligible pursuant to
Section 11403 remain in a planned, permanent living arrangement.
At the request of the nonminor dependent who has an established
relationship with an adult determined to be the nonminor's permanent
connection, the court may order adoption under Section
9300 of the Family Code as the nonminor's permanent plan.
(j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
(l) On and after January 1, 2012, at the review hearing that
occurs in the six-month period prior to the minor's attaining 18
years of age, and at every subsequent review hearing for the nonminor
dependent, the report shall describe all of the following:
(1) The minor's or nonminor dependent's plans to remain in foster
care and plans to meet one or more of the criteria as described in
subdivision (b) of Section 11403 to continue to receive AFDC-FC
benefits.
(2) The efforts made and assistance provided to the minor or
nonminor dependent by the social worker or the probation officer so
that the minor or nonminor dependent will be able to meet the
criteria.
(3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
(m) On and after January 1, 2012, the reviews conducted pursuant
to subdivisions (e) and (h) for any nonminor dependent shall be
conducted in a manner that respects the nonminor's status as a legal
adult, be focused on the goals and services described in the youth's
transitional independent living case plan, including efforts made to
achieve permanence, including maintaining or obtaining permanent
connections with caring and committed adults, and attended as
appropriate by additional participants invited by the nonminor
dependent. The review shall include all the issues in subdivision
(e), except paragraph (5) of subdivision (e). The county child
welfare or probation department, or Indian tribe that has entered
into an agreement pursuant to Section 10553.1 shall prepare and
present to the reviewing body a report that addresses the youth's
progress in meeting the goals in the transitional independent living
case plan and propose modifications as necessary to further those
goals. The report shall document that the nonminor has received all
the information and documentation described in paragraph (2) of
subdivision (e) of Section 391. If the court is considering
terminating dependency jurisdiction for a nonminor dependent it shall
first hold a hearing pursuant to Section 391.
(n) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the child
attains 18 years of age, the court shall ensure all of the following:
(1) That the child's transitional independent living case plan
includes a plan for the child to satisfy one or more of the criteria
set forth in subdivision (b) of Section 11403, so that the child is
eligible to remain a nonminor dependent.
(2) That the child has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
(3) That the child is informed of his or her right to have
dependency reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 27. Section 366.3 of the
Welfare and Institutions Code , as amended by Section
23 of Chapter 559 of the Statutes of 2010, is amended to read:
366.3. (a) If a juvenile court orders a permanent plan of
adoption , adoption of a nonminor dependent pursuant to Section
9300 of the Family Code, or legal guardianship pursuant to
Section 360 or 366.26, the court shall retain jurisdiction over the
child or nonminor dependent until the child or
nonminor dependent is adopted or , in the case of a child,
the legal guardianship is established, except as provided for
in Section 366.29 or, on and after January 1, 2012, Section 366.31.
The status of the child or nonminor dependent shall be
reviewed every six months to ensure that the adoption or legal
guardianship is completed as expeditiously as possible. When the
adoption of the child or nonminor dependent has been
granted, the court shall terminate its jurisdiction over the child
or nonminor dependent . Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as
a dependent child of the juvenile court or may terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4. If,
however, a relative of the child is appointed the legal guardian of
the child and the child has been placed with the relative for at
least six months, the court shall, except if the relative guardian
objects, or upon a finding of exceptional circumstances, terminate
its dependency jurisdiction and retain jurisdiction over the child as
a ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights, the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home,
without terminating the legal guardianship, if
services were provided to the child or legal guardian. If applicable,
the report shall also identify recommended family maintenance or
reunification services to maintain the legal guardianship and set
forth a plan for providing those services. If the petition to
terminate legal guardianship is granted, either juvenile court may
resume dependency jurisdiction over the child, and may order the
county department of social services or welfare department to develop
a new permanent plan, which shall be presented to the court within
60 days of the termination. If no dependency jurisdiction has
attached, the social worker shall make any investigation he or she
deems necessary to determine whether the child may be within the
jurisdiction of the juvenile court, as provided in Section 328.
Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child. The hearing shall be held no later
than 120 days from the date of the order. If the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services if it is
acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child
shall be reviewed at least every six months. The review of the status
of a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted by
the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an appropriate
local agency. The court shall conduct the review under the following
circumstances:
(1) Upon the request of the child's parents or legal guardians.
(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.
(3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
(4) It has been 12 months since a review was conducted by the
court.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
(3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.
(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
(9) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
(10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed to
assist the child or nonminor dependent to make the transition from
foster care to independent living.
The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
(f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment. On and after
January 1, 2012, this subdivision shall not apply to the parents of a
nonminor dependent.
(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
(1) The child's present placement.
(2) The child's current physical, mental, emotional, and
educational status.
(3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
(4) Whether the child has been placed with a prospective adoptive
parent or parents.
(5) Whether an adoptive placement agreement has been signed and
filed.
(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
(8) The progress of the search for an adoptive placement if one
has not been identified.
(9) Any impediments to the adoption or the adoptive placement.
(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
(11) The anticipated date by which an adoptive placement agreement
will be signed.
(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or, if compelling reasons exist for finding that
none of the foregoing options are in the best interest of the child,
whether the child should be placed in another planned permanent
living arrangement. The court shall order that a hearing be held
pursuant to Section 366.26, unless it determines by clear and
convincing evidence that there is a compelling reason for determining
that a hearing held pursuant to Section 366.26 is not in the best
interest of the child because the child is being returned to the home
of the parent, the child is not a proper subject for adoption, or no
one is willing to accept legal guardianship. If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision. Only upon that determination
may the court order that the child remain in foster care, without
holding a hearing pursuant to Section 366.26. On and after January 1,
2012, the nonminor dependent's legal status as an adult is in and of
itself a compelling reason not to hold a hearing pursuant to Section
366.26.
(i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child. On and after January 1, 2012, a hearing pursuant to
Section 366.26 shall not be ordered if the child is a nonminor
dependent. The court may order that a nonminor dependent who
otherwise is eligible pursuant to Section 11403 remain in a planned,
permanent living arrangement. At the request of the nonminor
dependent who has an established relationship with an adult
determined to be the nonminor dependent's permanent connection, the
court may order adoption under Section 9300 of the Family
Code as the nonminor dependent's permanent plan.
(j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
(l) On and after October 1, 2012, at the review hearing that
occurs in the six-month period prior to the minor's attaining 18
years of age, and at every subsequent review hearing, the report
shall describe all of the following:
(1) The minor's plans to remain in foster care and plans to meet
one or more of the criteria as described in subdivision (b) of
Section 11403 to continue to receive AFDC-FC benefits.
(2) The efforts made and assistance provided to the minor by the
social worker or the probation officer so that the minor will be able
to meet the criteria.
(3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
(m) On and after January 1, 2012, the reviews conducted pursuant
to subdivisions (e) and (h) for any nonminor dependent shall be
conducted in a manner that respects the nonminor's status as a legal
adult, be focused on the goals and services described in the youth's
transitional independent living case plan, including efforts made to
maintain connections with caring and permanently committed adults,
and attended as appropriate by additional participants invited by the
nonminor dependent. The review shall include all the issues in
subdivision (e), except paragraph (5) of subdivision (e). The county
child welfare or probation department, or Indian tribe that has
entered into an agreement pursuant to Section 10553.1 shall prepare
and present to the reviewing body a report that addresses the youth's
progress in meeting the goals in the transitional independent living
case plan and propose modifications as necessary to further those
goals. The report shall document that the nonminor has received all
the information and documentation described in paragraph (2) of
subdivision (e) of Section 391. If the court is considering
terminating dependency jurisdiction for a nonminor dependent it shall
first hold a hearing pursuant to Section 391.
(n) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the child
attains 18 years of age, the court shall ensure all of the following:
(1) That the child's transitional independent living case plan
includes a plan for the child to satisfy one or more of the criteria
set forth in subdivision (b) of Section 11403, so that the child is
eligible to remain a nonminor dependent.
(2) That the child has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
(3) That the child is informed of his or her right to have
dependency reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
(o) This section shall become operative on January 1, 2014.
SEC. 28. Section 366.31 of the Welfare
and Institutions Code is amended to read:
366.31. (a) On and after January 1, 2012, with respect to a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who has a permanent plan of long-term foster care that was ordered
pursuant to Section 366.21, 366.22, 366.25, or 366.26 ,
the court may continue jurisdiction of the nonminor as a
nonminor dependent of the juvenile court or may dismiss
dependency jurisdiction pursuant to Section 391.
(b) If the court continues dependency jurisdiction of the nonminor
as a nonminor dependent of the juvenile court, the court
shall order the development of a planned permanent living arrangement
of a placement under a mutual agreement, as described in subdivision
(u) of Section 11400, which may include continued placement with the
current caregiver or another licensed or approved caregiver or in a
supervised independent living setting, as defined in subdivision (w)
of Section 11400, consistent with the youth's transitional
independent living case plan. At the request of the nonminor
dependent who has an established relationship with an adult
determined to be the nonminor dependent's permanent connection, the
court may order adoption under Section 9300 of the Family Code as the
nonminor dependent's permanent plan.
(c) If the court terminates its dependency jurisdiction over a
nonminor dependent pursuant to subdivision (a), it shall retain
general jurisdiction over the youth pursuant to Section 303. If the
court has dismissed dependency jurisdiction pursuant to subdivision
(d) of Section 391, the nonminor, who has not attained 21 years of
age, may subsequently file a petition pursuant to subdivision (e) of
Section 388 to have dependency jurisdiction resumed and the court may
vacate its previous order dismissing dependency jurisdiction over
the nonminor dependent.
SEC. 29. Section 375 of the Welfare and
Institutions Code is amended to read:
375. (a) Whenever a petition is filed in
the juvenile court of a county other than the residence of the person
named in the petition, or whenever, subsequent to the filing of a
petition in the juvenile court of the county where such
th at minor resides, the residence of
the person who would be legally entitled to the custody of
such the minor were it not for the existence of
a court order issued pursuant to this chapter is changed to another
county, the entire case may be transferred to the juvenile court of
the county wherein such where that
person then resides at any time after the court has made a finding of
the facts upon which it has exercised its jurisdiction over
such the minor, and the juvenile court of the
county wherein such where that person
then resides shall take jurisdiction of the case upon the receipt and
filing with it of such the
finding of the facts upon which the court exercised its
jurisdiction and an order transferring the case.
(b) (1) Whenever a minor under the dependency jurisdiction or
transition jurisdiction of the juvenile court attains 18 years of age
and remains under the court's jurisdiction as a nonminor dependent,
as defined in subdivision (v) of Section 11400, the residence of the
nonminor dependent may be changed to another county if the court
finds that the nonminor dependent meets the conditions of subdivision
(f) of Section 17.1. The entire case may be transferred to the
juvenile court of the county where the nonminor dependent then
resides at any time after the court has made a finding of the facts
upon which the court has exercised its jurisdiction over the
nonminor. The juvenile court of the county where a nonminor then
resides shall take jurisdiction of the case upon the receipt and
filing of that finding and an order transferring the case.
(2) Whenever a petition pursuant to subdivision (e) of Section 388
is submitted in the juvenile court of a county other than the county
that retained general jurisdiction under subdivision (b) of Section
303 of the nonminor dependent, as defined in subdivision (v) of
Section 11400, the residence of the nonminor dependent may be changed
to another county if the nonminor dependent meets the conditions of
subdivision (g) of Section 17.1. The entire case may be transferred
to the juvenile court of the county where the nonminor dependent then
resides at any time after the county that retained general
jurisdiction has granted the petition and resumed dependency
jurisdiction, or has assumed or resumed transition jurisdiction. The
juvenile court of the county where the nonminor then resides shall
take jurisdiction of the case upon the receipt and filing of the
finding of the facts upon which the court exercised its jurisdiction
over the nonminor and an order transferring the case.
SEC. 30. Section 388 of the Welfare and
Institutions Code is amended to read:
388. (a) Any parent or other person having an interest in a child
who is a dependent child of the juvenile court or the child himself
or herself through a properly appointed guardian may, upon grounds of
change of circumstance or new evidence, petition the court in the
same action in which the child was found to be a dependent child of
the juvenile court or in which a guardianship was ordered pursuant to
Section 360 for a hearing to change, modify, or set aside any order
of court previously made or to terminate the jurisdiction of the
court. The petition shall be verified and, if made by a person other
than the child, shall state the petitioner's relationship to or
interest in the child and shall set forth in concise language any
change of circumstance or new evidence that is alleged to require the
change of order or termination of jurisdiction.
(b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child. The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child. The petition shall be verified and shall set forth the
following:
(1) Through which parent he or she is related to the dependent
child.
(2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.
(3) The request or order that the petitioner is seeking.
(4) Why that request or order is in the best interest of the
dependent child.
(c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by subparagraph (A) of paragraph (1) of subdivision (a) of Section
361.5, or prior to the hearing set pursuant to subdivision (e) of
Section 366.21 for a child described by subparagraph (B) or (C) of
paragraph (1) of subdivision (a) of Section 361.5, to terminate
court-ordered reunification services provided under subdivision (a)
of Section 361.5 only if one of the following conditions exists:
(A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying
termination of court-ordered reunification services.
(B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent or guardian's failure to visit the
child, or the failure of the parent or guardian to participate
regularly and make substantive progress in a court-ordered treatment
plan.
(2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors including, but not
limited to, the parent or guardian's incarceration,
institutionalization, or participation in a court-ordered residential
substance abuse treatment program.
(3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a preponderance
of evidence that reasonable services have been offered or provided,
and upon a finding of clear and convincing evidence that one of the
conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
(d) If it appears that the best interests of the child may be
promoted by the proposed change of order, recognition of a sibling
relationship, termination of jurisdiction, or clear and convincing
evidence supports revocation or termination of court-ordered
reunification services, the court shall order that a hearing be held
and shall give prior notice, or cause prior notice to be given, to
the persons and by the means prescribed by Section 386, and, in those
instances in which the means of giving notice is not prescribed by
those sections, then by means the court prescribes.
(e) (1) On and after January 1, 2012, a nonminor who attained 18
years of age while subject to an order for foster care placement and,
commencing January 1, 2012, who has not attained 19
20 years of age, or, commencing January
1, 2013, 20 years of age, or, commencing January 1, 2014,
21 years of age, for whom the court has dismissed dependency
jurisdiction pursuant to Section 391, or delinquency jurisdiction
pursuant to Section 607.2 or transition jurisdiction pursuant to
Section 452, but has retained general jurisdiction under subdivision
(b) of Section 303, or the county child welfare services, probation
department, or tribal placing agency on behalf of the nonminor, may
petition the court in the same action in which the child was found to
be a dependent or delinquent child of the juvenile court, for a
hearing to resume the dependency jurisdiction over a former dependent
or to assume or resume transition jurisdiction over a former
delinquent ward pursuant to Section 450. The petition shall be filed
within the period that the nonminor is of the age described in this
paragraph. If the nonminor has completed the voluntary reentry
agreement, as described in subdivision (z) of Section 11400, with the
placing agency, the agency shall file the petition on behalf of the
nonminor within 15 judicial days of the date the agreement was signed
unless the nonminor elects to file the petition at an earlier date.
(2) (A) The petition to resume jurisdiction may be filed in the
juvenile court that retains general jurisdiction under subdivision
(b) of Section 303, or the petition may be submitted to the juvenile
court in the county where the youth resides and forwarded to the
juvenile court that retained general jurisdiction and filed with that
court. The juvenile court having general jurisdiction under Section
303 shall receive the petition from the court where the petition was
submitted within five court days of its submission, if the petition
is filed in the county of residence. The juvenile court that retained
general jurisdiction shall order that a hearing be held within 15
judicial days of the date the petition was filed if there is a prima
facie showing that the nonminor satisfies the following criteria:
(i) He or she was previously under juvenile court jurisdiction,
subject to an order for foster care placement when he or she attained
18 years of age, and has not attained the age limits described in
paragraph (1).
(ii) He or she intends to satisfy at least one of the conditions
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
(iii) He or she wants assistance either in maintaining or securing
appropriate supervised placement, or is in need of immediate
placement and agrees to supervised placement pursuant to the
voluntary reentry agreement as described in subdivision (z) of
Section 11400.
(B) Upon ordering a hearing, the court shall give prior notice,
or cause prior notice to be given, to the persons and by the means
prescribed by Section 386, except that notice to parents or former
guardians shall not be provided unless the nonminor requests, in
writing on the face of the petition, notice to the parents or former
guardians.
(3) The Judicial Council, by January 1, 2012, shall adopt rules of
court to allow for telephonic appearances by nonminor former
dependents or delinquents in these proceedings, and for telephonic
appearances by nonminor dependents in any proceeding in which the
nonminor dependent is a party, and he or she declines to appear and
elects a telephonic appearance.
(4) Prior to the hearing on a petition to resume dependency
jurisdiction or to assume or resume transition jurisdiction, the
court shall order the county child welfare or probation department or
Indian tribe that has entered into an agreement pursuant to Section
10553.1 to prepare a report for the court addressing whether the
nonminor intends to satisfy at least one of the criteria set forth in
subdivision (b) of Section 11403. When the recommendation is for the
nonminor dependent to be placed in a setting where minor dependents
also reside, the results of a background check of the petitioning
nonminor conducted pursuant to Section 16504.5, used by the placing
agency to determine appropriate placement options for the nonminor.
The existence of a criminal conviction is not a bar to eligibility
for reentry or resumption of dependency jurisdiction or the
assumption or resumption of transition jurisdiction over a nonminor.
(5) (A) The court shall resume dependency jurisdiction over a
former dependent or assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450, and order that the
nonminor's placement and care be under the responsibility of the
county child welfare services department, the probation department,
or tribe, if the court finds all of the following:
(i) The nonminor was previously under juvenile court jurisdiction
subject to an order for foster care placement when he or she attained
18 years of age.
(ii) The nonminor has not attained the age limits described in
paragraph (1).
(iii) Reentry and remaining in foster care are in the nonminor's
best interests.
(iv) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, or
and demonstrates his or her agreement to placement
in a supervised setting under the placement and care responsibility
of the placing agency and to satisfy the criteria by signing
the voluntary reentry agreement as described in subdivision (z) of
Section 11400.
(B) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume or
resume transition jurisdiction to be completed more than 120 days
after the date the petition was filed.
(B)
(C) The agency made responsible for the nonminor's
placement and care pursuant to subparagraph (A) shall prepare a new
transitional independent living case plan within 60 calendar
days from the date the nonminor signed the voluntary reentry
agreement as described in subdivision (z) of Section 11400 and
submit it to the court within 60 days for the
review hearing under Section 366.3, to be held within 70 days
of the resumption of dependency jurisdiction or assumption or
resumption of transition jurisdiction. In no event shall the
review hearing under Section 366.3 be held more than 170 calendar
days from the date the nonminor signed the voluntary reentry
agreement.
(C) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume or
resume transition jurisdiction to be completed more than 120 days
after the date the petition was submitted.
SEC. 31. Section 450 of the Welfare and
Institutions Code is amended to read:
450. (a) A minor or nonminor who satisfies all of the following
criteria is within the transition jurisdiction of the juvenile court:
(1) The minor is a ward who is older than 17 years and 5 months of
age and younger than 18 years of age and in foster care placement,
or the nonminor is a ward in foster care placement who was a ward
subject to an order for foster care placement on the day he or she
attained 18 years of age and on and after January 1, 2012, has not
attained 19 20 years of age,
or, commencing January 1, 2013, 20 years of age, or,
commencing January 1, 2014, 21 years of age.
(2) The ward meets either of the following conditions:
(A) The ward was removed from the physical custody of his or her
parents or legal guardian, adjudged to be a ward of the juvenile
court under Section 725, and ordered into foster care placement as a
ward.
(B) The ward was removed from the custody of his or her parents or
legal guardian as a dependent of the court with an order for foster
care placement as a dependent in effect at the time the court
adjudged him or her to be a ward of the juvenile court under Section
725.
(3) The rehabilitative goals of the minor or nonminor, as set
forth in the case plan, have been met, and juvenile court
jurisdiction over the minor or nonminor as a ward is no longer
required.
(4) (A) If the ward is a minor, reunification services have been
terminated; the matter has not been set for a hearing for termination
of parental rights pursuant to Section 727.3 or for the
establishment of guardianship pursuant to Section 728; the return of
the child to the physical custody of the parents or legal guardian
would create a substantial risk of detriment to the child's safety,
protection, or physical or emotional well-being; and the minor has
indicated an intent to sign a mutual agreement, as described in
subdivision (u) of Section 11400, with the responsible agency for
placement in a supervised setting as a nonminor dependent.
(B) If the ward is a nonminor, he or she has signed a mutual
agreement, as described in subdivision (u) of Section 11400, with the
responsible agency for placement in a supervised setting as a
nonminor dependent or has signed a voluntary reentry agreement, as
described in subdivision (z) of Section 11400 for placement in a
supervised setting as a nonminor dependent.
(b) A minor who is subject to the court's transition jurisdiction
shall be referred to as a transition dependent.
(c) A youth subject to the court's transition jurisdiction who is
18 years of age or older shall be referred to as a nonminor
dependent.
SEC. 32. Section 903.4 of the Welfare
and Institutions Code is amended to read:
903.4. (a) The Legislature finds that even though Section 903
establishes parental liability for the cost of the care, support, and
maintenance of a child in a county institution or other place in
which the child is placed, detained, or committed pursuant to an
order of the juvenile court, the collection of child support for
juveniles who have been placed in out-of-home care as dependents or
wards of the juvenile court under Sections 300, 601, and 602 has not
been pursued routinely and effectively.
It is the purpose of this section to substantially increase income
to the state and to counties through court-ordered parental
reimbursement for the support of juveniles who are in out-of-home
placement. In this regard, the Legislature finds that the costs of
collection will be offset by the additional income derived from the
increased effectiveness of the parental support program.
(b) In any case in which a child is or has been declared a
dependent child or a ward of the court pursuant to a Section 300,
601, or 602, the juvenile court shall order any agency which has
expended moneys or incurred costs on behalf of the child pursuant to
a detention or placement order of the juvenile court, to submit to
the local child support agency, within 30 days, in the form of a
declaration, a statement of its costs and expenses for the benefit,
support, and maintenance of the child.
(c) (1) The local child support agency may petition the superior
court to issue an order to show cause why an order should not be
entered for continuing support and reimbursement of the costs of the
support of any minor described in Section 903.
Any order entered as a result of the order to show cause shall be
enforceable in the same manner as any other support order entered by
the courts of this state at the time it becomes due and payable.
In any case in which the local child support agency has received a
declaration of costs or expenses from any agency, the declaration
shall be deemed an application for assistance pursuant to Section
17400 of the Family Code.
(2) The order to show cause shall inform the parent of all of the
following facts:
(A) He or she has been sued.
(B) If he or she wishes to seek the advice of an attorney in this
matter, it should be done promptly so that his or her financial
declaration and written response, if any, will be filed on time.
(C) He or she has a right to appear personally and present
evidence in his or her behalf.
(D) His or her failure to appear at the order to show cause
hearing, personally or through his or her attorney, may result in an
order being entered against him or her for the relief requested in
the petition.
(E) Any order entered could result in the garnishment of wages,
taking of money or property to enforce the order, or being held in
contempt of court.
(F) Any party has a right to request a modification of any order
issued by the superior court in the event of a change in
circumstances.
(3) Any existing support order shall remain in full force and
effect unless the superior court modifies that order pursuant to
subdivision (f).
(4) The local child support agency shall not be required to
petition the court for an order for continuing support and
reimbursement if, in the opinion of the local child support agency,
it would not be appropriate to secure such an order. The local child
support agency shall not be required to continue collection efforts
for any order if, in the opinion of the local child support agency,
it would not be appropriate or cost effective to enforce the order
pursuant to Section 17552 of the Family Code .
(d) (1) In any case in which an order to show cause has been
issued and served upon a parent for continuing support and
reimbursement of costs, a completed income and expense declaration
shall be filed with the court by the parent; a copy of it shall be
delivered to the local child support agency at least five days prior
to the hearing on the order to show cause.
(2) Any person authorized by law to receive a parent's financial
declaration or information obtained therefrom, who knowingly
furnishes the declaration or information to a person not authorized
by law to receive it, is guilty of a misdemeanor.
(e) If a parent has been personally served with the order to show
cause and no appearance is made by the parent, or an attorney in his
or her behalf, at the hearing on the order to show cause, the court
may enter an order for the principal amount and continuing support in
the amount demanded in the petition.
If the parent appears at the hearing on the order to show cause,
the court may enter an order for the amount the court determines the
parent is financially able to pay.
(f) The court shall have continuing jurisdiction to modify any
order for continuing support entered pursuant to this section.
(g) As used in this section, "parent" includes any person
specified in Section 903, the estate of any such person, and the
estate of the minor person. "Parent" does
not include a nonminor dependent whose minor child receives aid under
Section 11401.4.
(h) The local child support agency may contract with another
county agency for the performance of any of the duties required by
this section.
SEC. 33. Section 903.5 of the Welfare
and Institutions Code is amended to read:
903.5. In addition to the requirements of Section 903.4, and
notwithstanding any other provision of law, the parent or other
person legally liable for the support of a minor, who voluntarily
places the minor in 24-hour out-of-home care, shall be liable for the
cost of the minor's care, support, and maintenance when the minor
receives Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Supplemental Security Income-State Supplementary Program
(SSI-SSP), or county-only funds. As used in this section, "parent"
includes any person specified in Section 903. As used in this
section, "parent" does not include a nonminor dependent whose minor
child receives aid under Section 11401.4. Whenever the county
welfare department or the placing agency determines that a court
order would be advisable and effective, pursuant to Section
17552 of the Family Code, the department or the agency shall
notify the local child support agency, or the financial evaluation
officer designated pursuant to Section 903.45, who shall proceed
pursuant to Section 903.4 or 903.45.
SEC. 34. Section 11253 of the Welfare
and Institutions Code is amended to read:
11253. (a) Except as provided in subdivision (b), aid shall not
be granted under this chapter to or on behalf of any child who has
attained 18 years of age unless all of the following apply:
(1) The child is less than 19 years of age and is attending high
school or the equivalent level of vocational or technical training on
a full-time basis.
(2) The child can reasonably be expected to complete the
educational or training program before his or her 19th birthday.
(b) On and after January 1, 2012, aid shall be granted under this
chapter to or on behalf of any nonminor dependent, as defined in
subdivision (v) of Section 11400, if the nonminor dependent is placed
in the approved home of a relative under the supervision of the
county child welfare or probation department or Indian tribe that has
entered into an agreement pursuant to Section 10553.1, and the
nonminor dependent otherwise is eligible pursuant to Section 11403.
(c) Notwithstanding any other law, payment of aid under this
chapter may be made out of state if the nonminor dependent who is
described in subdivision (b) is placed in the approved home of a
relative who resides in another state.
SEC. 35. Section 11263.5 of the Welfare
and Institutions Code is amended to read:
11263.5. Notwithstanding any other provision of this chapter, a
child living with his or her parent, where the parent is a minor
or a nonminor dependent, as described in subdivision (v) of Section
11400, and who also is a recipient of foster care
pursuant to Article 5 (commencing with Section 11400), is not an
eligible child within the meaning of this chapter for the purpose of
payment of AFDC benefits other than AFDC-FC benefits.
SEC. 36. Section 11363 of the Welfare
and Institutions Code is amended to read:
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403, who satisfies all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall continue unless and until the
juvenile court, after holding a hearing, orders the child removed
from the home of the guardian, terminates the guardianship, or
maintains dependency jurisdiction after the court concludes the
hearing on the petition filed under Section 388.
(c) A child or nonminor former dependent or ward shall be eligible
for Kin-GAP payments if he or she meets one of the following age
criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4) He or she satisfies the conditions as described in subdivision
(d).
(d) Commencing January 1, 2012, state-funded Kin-GAP
payments shall continue for youths who have attained 18 years of age
and are under 19 years of age if they attained 16 years of age before
the Kin-GAP aid payments commenced. Effective January 1, 2013,
Kin-GAP payments shall continue for youths who have
attained 18 years of age and who are under 20 years of age, if they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced. Effective January 1, 2014, Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 21 years of age, if they reached 16 years of age before the
Kin-GAP negotiated agreement payments commenced. To be
eligible for continued payments, the youth shall satisfy one or more
of the conditions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.
(e) Notwithstanding any other law, the extension of benefits to
nonminor former dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(e)
(f) Termination of the guardianship with a kinship
guardian shall terminate eligibility for Kin-GAP unless the
conditions in Section 11403 apply; provided, however, that if an
alternate guardian or coguardian is appointed pursuant to Section
366.3 who is also a kinship guardian, the alternate or coguardian
shall be entitled to receive Kin-GAP on behalf of the child pursuant
to this article. A new period of six months of placement with the
alternate guardian or coguardian shall not be required if that
alternate guardian or coguardian has been assessed pursuant to
Sections 361.3 and 361.4 and the court terminates dependency
jurisdiction.
SEC. 37. Section 11386 of the Welfare
and Institutions Code is amended to read:
11386. Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19 years
of age, as provided in Section 11403, under all of the following
conditions:
(a) The child satisfies both of the following requirements:
(1) He or she has been removed from his or her home pursuant to a
voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home would
be contrary to the welfare of the child.
(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section 11400)
while residing for at least six consecutive months in the approved
home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.
(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to caring
permanently for the child and, with respect to the child who has
attained 12 years of age, the child has been consulted regarding the
kinship guardianship arrangement.
(d) The child has had a kinship guardianship established pursuant
to Section 360 or Section 366.26.
(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(f) If the conditions specified in subdivisions (a) through (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from the
home of the guardian, terminates the guardianship, or maintains
dependency jurisdiction after the court concludes the hearing on the
petition filed under Section 388.
(g) A child or nonminor former dependent or ward shall be eligible
for Kin-GAP payments if he or she meets one of the following age
criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a
physical or mental disability that warrants the continuation of
assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4) He or she satisfies the conditions as described in subdivision
(h).
(h) Effective January 1, 2012, Kin-GAP payments shall
continue for youths who have attained 18 years of age and are under
19 years of age if they attained 16 years of age before the Kin-GAP
negotiated agreement payments commenced. Effective January 1, 2013,
Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 20 years of age, if they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced. Effective January 1, 2014, Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 21 years of age, if they reached 16 years of age before the
Kin-GAP negotiated agreement payments commenced. To be
eligible for continued payments, the youth shall satisfy one or more
of the conditions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.
(i) Notwithstanding any other law, the extension of benefits to
nonminor former dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(i)
(j) Termination of the guardianship with a kinship
guardian shall terminate eligibility for Kin-GAP, unless the
conditions of Section 11403 apply, provided, however, that if an
alternate guardian or coguardian is appointed pursuant to Section
366.3 who is also a kinship guardian, the alternate or coguardian
shall be entitled to receive Kin-GAP on behalf of the child pursuant
to this article. A new period of six months of placement with the
alternate guardian or coguardian shall not be required if that
alternate guardian or coguardian has been assessed pursuant to
Section 361.3 and Section 361.4 and the court terminates dependency
jurisdiction, subject to available federal funding.
SEC. 38. Section 11387 of the Welfare
and Institutions Code is amended to read:
11387. (a) In order to receive federal financial participation
for payments under this article, the county child welfare agency or
probation department or Indian tribe that entered into an agreement
pursuant to Section 10553.1 shall negotiate and enter into a written,
binding, kinship guardianship assistance agreement with the relative
guardian of an eligible child, and provide the relative guardian
with a copy of the agreement. The negotiated agreement shall be
executed prior to establishment of the guardianship.
(b) The agreement shall specify, at a minimum, all of the
following:
(1) The amount of and manner in which the kinship guardianship
assistance payment will be provided under the agreement, that the
amount is subject to any applicable increases pursuant to
cost-of-living adjustments established by statute and the manner in
which the agreement may be adjusted periodically, but no less
frequently than every two years, in consultation with the relative
guardian, based on the circumstances of the relative guardian and the
needs of the child.
(2) Additional services and assistance for which the child and
relative guardian will be eligible under the agreement.
(3) A procedure by which the relative guardian may apply for
additional services, as needed, including, but not limited to, the
filing of a petition under Section 388 to have dependency
jurisdiction resumed pursuant to subdivision (b) of Section 366.3.
(4) The agreement shall provide that it shall remain in effect
regardless of the state of residency of the relative guardian.
(5) The responsibility of the relative guardian for reporting
changes in the needs of the child or the circumstances of the
relative guardian that affect payment.
(6) For a guardianship established on and after January 1, 2012,
payment shall be made for reasonable and verified nonrecurring
expenses associated with obtaining legal guardianship not to exceed
the amount specified in federal law. Reimbursement shall not be made
for costs otherwise reimbursed from other sources, including the
foster care maintenance payment. The agreement shall indicate the
maximum amount, the purpose of the expense, and the process for
obtaining reimbursement of the nonrecurring expenses to be paid.
(c) In accordance with the Kin-GAP agreement, the relative
guardian shall be paid an amount of aid based on the child's needs
otherwise covered in AFDC-FC payments and the circumstances of the
relative guardian but that shall not exceed the foster care
maintenance payment that would have been paid based on the
age-related state-approved foster family home care rate and any
applicable specialized care increment for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. In addition, the rate paid for a child
eligible for a Kin-GAP payment shall include an amount equal to the
clothing allowance, as set forth in subdivision (f) of Section 11461,
including any applicable rate adjustments. For a child eligible for
a Kin-GAP payment who is a teen parent, the rate shall include the
two-hundred-dollar ($200) monthly payment made to the relative
caregiver in a whole family foster home pursuant to paragraph (3) of
subdivision (d) of Section 11465.
(d) Commencing on the effective date of the act that added this
subdivision, and notwithstanding subdivision (c), in accordance with
the Kin-GAP agreement the relative guardian shall be paid an amount
of aid based on the child's needs otherwise covered in AFDC-FC
payments and the circumstances of the relative guardian, as follows:
(1) For cases in which the dependency has been dismissed pursuant
to Section 366.3 or wardship has been terminated pursuant to
subdivision (e) of Section 728, concurrently or subsequently to
establishment of the guardianship, on or before June 30, 2011, or the
date specified in a final order, for which the time to appeal has
passed, issued by a court of competent jurisdiction in California
State Foster Parent Association et al. v. William Lightbourne, et al.
(U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, the rate
paid shall not exceed the basic foster care maintenance payment rate
structure in effect prior to the effective date specified in the
order described in this paragraph.
(2) For cases in which dependency has been dismissed pursuant to
Section 366.3 or wardship has been terminated pursuant to subdivision
(e) of Section 728, concurrently or subsequently to establishment of
the guardianship, on or after July 1, 2011, or the date specified in
the order described in paragraph (1), whichever is earlier, the rate
paid shall not exceed the basic foster care maintenance payment rate
as set forth in paragraph (1) of subdivision (g) of Section 11461.
(3) Beginning with the 2011-12 fiscal year, the Kin-GAP benefit
payment rate structure shall be adjusted annually by the percentage
change in the California Necessities Index, as set forth in paragraph
(2) of subdivision (g) of Section 11461, without requiring a new
agreement.
(4) In addition to the rate paid for a child eligible for a
Kin-GAP payment, a specialized care increment, if applicable, as set
forth in subdivision (e) of Section 11461, shall be paid.
(5) In addition to the rate paid for a child eligible for a
Kin-GAP payment, a clothing allowance, as set forth in subdivision
(f) of Section 11461, shall be paid.
(6) For a child eligible for a Kin-GAP payment who is a teen
parent, the rate shall include the two-hundred-dollar ($200) monthly
payment made to the relative caregiver in a whole family foster home
pursuant to paragraph (3) of subdivision (d) of Section 11465.
(e) The county child welfare agency or probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1 shall provide the relative guardian with information, in
writing, on the availability of the federal Kin-GAP program with an
explanation of the difference between these benefits and Adoption
Assistance Program benefits and AFDC-FC benefits. The agency shall
also provide the relative guardian with information on the
availability of mental health services through the Medi-Cal program
or other programs.
(f) The county child welfare agency, probation department, or
Indian tribe, as appropriate, shall assess the needs of the child and
the circumstances of the related guardian and is responsible for
determining that the child meets the eligibility criteria for
payment.
(g) Payments on behalf of a child who is a recipient of Kin-GAP
benefits and who is also a consumer of regional center services shall
be based on the rates established by the State Department of Social
Services pursuant to Section 11464.
SEC. 39. Section 11391 of the Welfare
and Institutions Code is amended to read:
11391. For purposes of this article, the following definitions
shall apply:
(a) "Kinship Guardianship Assistance Payments (Kin-GAP)" means the
aid provided on behalf of children eligible for federal financial
participation under Section 671(a)(28) of Title 42 of the United
States Code in kinship care under the terms of this article.
(b) "Kinship guardian" means a person who meets both of the
following criteria:
(1) He or she has been appointed the legal guardian of a dependent
child pursuant to Section 366.26 or Section 360 or a ward of the
juvenile court pursuant to subdivision (d) of Section 728.
(2) He or she is a relative of the child.
(c) "Relative" means an any of the
following:
(1) An adult who is related to
the child by blood, adoption, or affinity within the fifth degree of
kinship, including stepparents, stepsiblings, and all relatives whose
status is preceded by the words "great," "great-great," or "grand"
or the spouse of any of those persons even if the marriage was
terminated by death or dissolution.
(2) An adult who meets the definition of a nonrelated extended
family member, as described in Section 362.7.
(3) An adult who is a member of the Indian child's tribe.
(4) An adult who is the current foster parent of a child under the
juvenile court's jurisdiction, who has established a significant and
family like relationship with the child, and the child and the
county child welfare agency, probation department, or Indian tribe
that has entered into an agreement pursuant to Section 10553.1
identify this adult as the child's permanent connection.
(d) "Sibling" means a child related to the identified eligible
child by blood, adoption or affinity through a common legal or
biological parent.
SEC. 2. SEC. 40. Section 11400 of
the Welfare and Institutions Code is amended to read:
11400. For the purposes of this article, the following
definitions shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age and, on or
after January 1, 2012, any nonminor dependent who has not attained 19
years of age, as described in paragraph (1) of subdivision (a) of
Section 11403.2, may remain in the facility if it is in their best
interests in order to complete high school or its equivalent, or to
finish the high school year prior to their 19th birthday. These
provisions shall apply to those who are in out-of-home placement
under the supervision of the county department of social services or
the county probation department, and who are participating in an
independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or
360 360 or 366.26 , certified family home ,
or a host family home placement of a THP-Plus Foster Care program as
described in subdivision (x), that provides foster care for a
minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means, on and after January 1, 2012, any of
the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or a
nonminor dependent, and the county welfare services or probation
department or tribal agency responsible for the foster care
placement, that documents the nonminor's continued willingness to
remain in supervised out-of-home placement under the placement and
care of the responsible county or tribal agency, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents the nonminor's and
social worker's or probation officer's agreement to work together to
facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP
payments under Article 4.5 (commencing with Section 11360) or Article
4.7 (commencing with Section 11385), and the agency responsible for
the Kin-GAP benefits, provided that the nonminor former dependent
or ward satisfies the conditions described in Section
11403.01, or one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403.
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC
payments under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of
Section 11405 satisfies one or more of the conditions described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, and the nonminor former dependent described
in subdivision (f) of Section 11405 satisfies the secondary school
or equivalent training or certificate program conditions described in
that subdivision.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile
court, or a nonminor under the transition jurisdiction of the
juvenile court, as described in Section 450, who satisfies all of the
following criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is younger than
19 20 years of age as of January 1,
2012, younger than 20 years of age as of January 1, 2013,
or younger than 21 years of age as of January 1, 2014.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, or Indian tribe that entered into an agreement pursuant
to Section 10553.1.
(3) He or she is participating in a transitional independent
living case plan pursuant to Section 475(8) of the federal Social
Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal
Fostering Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.
(w) "Supervised independent living setting" means, on and after
January 1, 2012, a supervised setting, as specified in a nonminor
dependent's transitional independent living case plan, in which the
youth is living independently, pursuant to Section 472(c)(2) of the
federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "THP-Plus Foster Care" means, on and after January 1, 2012, a
placement that offers supervised housing opportunities and supportive
services to eligible nonminor dependents at least 18 years of age,
on and after January 1, 2013, 19 years of age, and on and
after January 1, 2014, 20 years of age, and not more than
and on and after January, 1, 2012, has not attained 20 years of
age, and on and after January 1, 2014, has not attained 21
years of age, who are in out-of-home placement under the placement
and care responsibility of the county welfare department or the
county probation department or Indian tribe that entered into an
agreement pursuant to Section 10553.1, and who are described in
paragraphs (3) and (4) of subdivision (a) of Section 11403.2.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, the nonminor dependent's case plan, updated every
six months, that describes the goals and objectives of how the
nonminor will make progress in the transition to living independently
and assume incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribe to plan for and engage in specific
educational or employment activities, or both, and supportive
services as described in the transitional independent living plan
(TILP) to ensure active and meaningful participation in one or more
of the conditions described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's appropriate
supervised placement setting, and the nonminor's permanent plan for
transition to living independently, which includes maintaining or
obtaining permanent connections to caring and committed adults, as
set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452 , or 607.2, and
the county welfare or probation department or tribal placing agency
that documents the nonminor's desire and willingness to reenter
foster care, to be placed in a supervised setting under the placement
and care responsibility of the placing agency, the nonminor's
desire, willingness, and ability to immediately participate in one or
more of the conditions of paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and the
nonminor's agreement to participate in the filing of a petition for
juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process.
SEC. 41. Section 11402 of the
Welfare and Institutions Code , as amended by Section
32 of Chapter 459 of the Statutes of 2011, is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(j) An approved A licensed THP-Plus
Foster Care placement for nonminor dependents, as defined in
subdivision (x) of Section 11400.
(k) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
SEC. 42. Section 11402 of the
Welfare and Institutions Code , as amended by Section 33
of Chapter 459 of the Statutes of 2011, is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(i) An approved A licensed THP-Plus
Foster Care placement for nonminor dependents, as defined in
subdivision (x) of Section 11400.
(j) This section shall become operative on July 1, 2012.
SEC. 43. Section 11402.2 of the Welfare
and Institutions Code is amended to read:
11402.2. Recognizing that transitions to independence involve
self-initiated changes in placements, it is the intent of the
Legislature that regulations developed regarding the approval of the
supervised independent living setting, as defined in subdivision (w)
of Section 11400, shall ensure continuity of placement and payment
while the nonminor dependent is temporarily absent from an
approved placement while awaiting approval of his or her
new supervised independent living setting , in accordance with
paragraph (2) of subdivision (c) of Section 1524 of the Health and
Safety Code .
SEC. 44. Section 11403 of the Welfare
and Institutions Code is amended to read:
11403. (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal
Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), to receive federal financial participation for nonminor
dependents of the juvenile court who satisfy the conditions of
subdivision (b), consistent with their transitional independent
living case plan. Effective January 1, 2012, these nonminor
dependents shall be eligible to receive support up to 19
years of age, effective January 1, 2013, up to 20 years of
age, and effective January 1, 2014, up to 21 years of age, consistent
with their transitional independent living case plan. It is the
intent of the Legislature both at the time of initial determination
of the nonminor dependent's eligibility and throughout the time the
nonminor dependent is eligible for aid pursuant to this section, that
the social worker or probation officer or Indian tribe and the
nonminor dependent shall work together to ensure the nonminor
dependent's ongoing eligibility. All case planning shall be a
collaborative effort between the nonminor dependent and the social
worker, probation officer, or Indian tribe, with the nonminor
dependent assuming increasing levels of responsibility and
independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
meet the legal authority for placement and care by being under a
foster care placement order by the juvenile court, or the voluntary
reentry agreement as set forth in subdivision (z) of Section 11400,
and is otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a nonminor
former dependent or ward, aid pursuant to Kin-GAP under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) or adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 4. Effective
January 1, 2012, a nonminor former dependent child or ward of the
juvenile court who is receiving AFDC-FC benefits pursuant to Section
11405 shall be eligible to continue to receive aid up to 19
years of age, effective January 1, 2013, up to 20 years of
age, and effective January 1, 2014, up to 21 years of age, as long as
the nonminor is otherwise eligible for AFDC-FC benefits under this
subdivision. This subdivision shall apply when one or more of the
following conditions exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor. The requirement to
update the case plan under this paragraph shall not apply to nonminor
former dependents or wards in receipt of Kin-GAP program or Adoption
Assistance Program payments.
(c) The county child welfare or probation department or Indian
tribe that has entered into an agreement pursuant to Section 10553.1,
shall work together with a nonminor dependent who is in foster care
on his or her 18th birthday and thereafter or a nonminor former
dependent receiving aid pursuant to Section 11405, to satisfy one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's applicable
condition or conditions in the nonminor's six-month transitional
independent living case plan update, and provide the certification to
the eligibility worker and to the court at each six-month case plan
review hearing for the nonminor dependent. Relative guardians who
receive Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to the county
welfare agency that the nonminor does not satisfy at least one of the
conditions described in subdivision (b). The social worker,
probation officer, or tribe shall verify and obtain assurances that
the nonminor dependent continues to satisfy at least one of the
conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at
each six-month transitional independent living case plan update. The
six-month case plan update shall certify the nonminor's eligibility
pursuant to subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor shall report
any change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent or nonminor former
dependent receiving aid pursuant to Section 11405 shall be informed
of all due process requirements, in accordance with state and federal
law, prior to an involuntary termination of aid, and shall
simultaneously be provided with a written explanation of how to
exercise his or her due process rights and obtain referrals to legal
assistance. Any notices of action regarding eligibility shall be sent
to the nonminor dependent or former dependent, his or her counsel,
and the placing worker, in addition to any other payee.
(d) A nonminor dependent may receive all of the payment directly
provided that the nonminor is living independently in a supervised
setting, and that both the youth and the agency responsible for the
foster care placement have signed a mutual agreement, as defined in
subdivision (u) of Section 11400, if the youth is capable of making
an informed agreement, that documents the continued need for
supervised out-of-home placement, and the nonminor's and social
worker's or probation officer's agreement to work together to
facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor attains the age criteria, as set forth in
subdivision (a), but aid may be suspended when the nonminor no longer
resides in an eligible facility, as described in Section 11402, or
terminated at the request of the nonminor or after a court terminates
dependency jurisdiction pursuant to Section 391, delinquency
jurisdiction pursuant to Section 607.2, or transition jurisdiction
pursuant to Section 452. Aid may be resumed at the request of the
nonminor by completing a voluntary reentry agreement pursuant to
subdivision (z) of Section 11400, followed by, or
concurrently with, a petition filed before or after
the filing of a petition pursuant to subdivision (e)
of Section 388 or after a court terminates dependency jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 607.2. The county welfare or probation department or Indian
tribe that has entered into an agreement pursuant to Section 10553.1
shall complete the voluntary reentry agreement with the nonminor who
agrees to satisfy the criteria of the agreement, as described in
subdivision (z) of Section 11400. The county welfare department shall
establish a new child-only Title IV-E eligibility determination
based on the nonminor's completion of the voluntary reentry agreement
pursuant to Section 11401. The beginning date of aid for either
federal or state AFDC-FC for a reentering nonminor who is placed in
foster care is the date the voluntary reentry agreement is signed.
The county welfare department, tribe, or county probation department
shall provide a nonminor dependent who wishes to continue receiving
aid with the assistance necessary to meet and maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor dependents receiving aid
pursuant to Section 11405 shall be paid by their county of residence.
Counties may develop courtesy supervision agreements to provide case
management and independent living services by the county of
residence pursuant to the youth's transitional independent living
case plan. Placements made out of state are subject to the
requirements of the Interstate Compact on Placement of Children,
pursuant to Part 5 (commencing with Section 7900) of Division 12 of
the Family Code.
(2) The county welfare department, tribe, or county probation
department shall notify all foster youth who attain 16 years of age
and are under the jurisdiction of that county or tribe, including
those receiving Kin-GAP, and AAP, of the existence of the aid
prescribed by this section.
(3) The department shall seek any waiver to amend its Title IV-E
State Plan with the Secretary of the United States Department of
Health and Human Services necessary to implement this section.
(g) (1) Subject to paragraph (3), a county shall contribute to the
cost of extending aid pursuant to this section to eligible nonminor
dependents who have reached 18 years of age and who are under the
jurisdiction of the county, including AFDC-FC payments pursuant to
Section 11401, CalWORKs payments pursuant to Section 11253, aid
pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360)
or Article 4.7 (commencing with Section 11385), adoption assistance
payments as specified in Chapter 2.1 (commencing with Section 16115)
of Part 4, and aid pursuant to Section 11405 for nonminor dependents
who are residing in the county as provided in paragraph (1) of
subdivision (f), at the statutory sharing ratios for each of these
programs in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall contribute to the
cost of providing permanent placement services pursuant to
subdivision (c) of Section 16508 and administering the Aid to
Families with Dependent Children Foster Care program pursuant to
Section 15204.9 at the statutory sharing ratio for these services in
effect on January 1, 2012. For purposes of budgeting, the department
shall use a standard for the permanent placement services that is
equal to the midpoint between the budgeting standards for family
maintenance services and family reunification services.
(3) Notwithstanding any other provision of law, a county's total
contribution pursuant to paragraphs (1) and (2) shall not exceed the
savings in Kin-GAP assistance grant expenditures realized by the
county from the receipt of federal funds due to the implementation of
Article 4.7 (commencing with Section 11385). The department shall
work with the County Welfare Directors Association to determine a
methodology for calculating each county's costs and savings pursuant
to this section.
(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351). Therefore, the department shall negotiate with the
United States Department of Health and Human Services on behalf of
those counties that are currently participating in the demonstration
project to ensure that those counties receive reimbursement for these
new programs outside of the provisions of those counties' waiver
under Subtitle IV-E (commencing with Section 470) of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i) The department, on or before July 1, 2012, shall develop
regulations to implement this section in consultation with concerned
stakeholders, including, but not limited to, representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of Indian tribes, the California Youth Connection,
former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of these
regulations, the department shall consider its Manual of Policy and
Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as
guidelines for developing regulations that are appropriate for young
adults who can exercise incremental responsibility concurrently with
their growth and development. The department, in its consultation
with stakeholders, shall take into consideration the impact to the
Automated Child Welfare Services Case Management Services (CWS-CMS)
and required modifications needed to accommodate eligibility
determination under this section, benefit issuance, case management
across counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section 10601.2,
and federal outcome measures as required by the John H. Chafee Foster
Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the
department, in its consultation with stakeholders, shall define the
supervised independent living setting which shall include, but not be
limited to, apartment living, room and board arrangements, college
or university dormitories, and shared roommate settings, and define
how those settings meet health and safety standards suitable for
nonminors. The department, in its consultation with stakeholders,
shall define the six-month certification of the conditions of
eligibility pursuant to subdivision (b) to be consistent with the
flexibility provided by federal policy guidance, to ensure that there
are ample supports for a nonminor to achieve the goals of his or her
transition independent living case plan. The department, in its
consultation with stakeholders, shall ensure that notices of action
and other forms created to inform the nonminor of due process rights
and how to access them shall be developed, using language consistent
with the special needs of the nonminor dependent population.
(j) Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall prepare for implementation
of the applicable provisions of this section by publishing, after
consultation with the stakeholders listed in subdivision (i),
all-county letters or similar instructions from the director by
October 1, 2011, to be effective January 1, 2012. Emergency
regulations to implement the applicable provisions of this act may be
adopted by the director in accordance with the Administrative
Procedure Act. The initial adoption of the emergency regulations and
one readoption of the emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the first readoption of those emergency regulations
shall be exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of
State and shall remain in effect for no more than 180 days.
(k) Notwithstanding any other provision of law, the extension of
benefits to nonminor dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(l) This section shall become operative on January 1, 2012.
SEC. 45. Section 11403.2 of the Welfare
and Institutions Code is amended to read:
11403.2. (a) The following persons shall be eligible for
transitional housing placement program services provided pursuant to
Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1) Any minor at least 16 years of age and not more than 18 years
of age, and, on or after January 1, 2012, any nonminor dependent who
is less than 19 years of age, who is eligible for AFDC-FC benefits
and whose best interests are met by remaining in the program as a
nonminor dependent, in order to complete high school or its
equivalent, or to finish the high school year prior to his or her
19th birthday, and who also meets the requirements in Section
16522.2.
(2) Any person less than 24 years of age who has emancipated from
a county that has elected to participate in a transitional housing
placement program for youths who are at least 18 years of age and
under 24 years of age, as described in subdivision (r) of Section
11400, provided he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a transitional housing
placement program is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the emancipated
foster youth and the county welfare or probation department or
independent living program coordinator. The youth participating under
this paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
(3) It is the intent of the Legislature to create a new placement
option, known as THP-Plus-Foster Care. On and after January 1, 2012,
THP-Plus-Foster Care, as described in subdivision (x) of Section
11400, is an eligible facility for purposes of AFDC-FC payments for
placement of nonminor dependents, and shall offer the same housing
models and supportive services as are available through the standard
THP-Plus program available to emancipated foster youths pursuant to
paragraph (2). In creating the new THP-Plus-Foster Care placement
option, it is the intent of the Legislature to preserve the THP-Plus
program, as it is described in subdivision (e) of Section 1559.110 of
the Health and Safety Code, for former emancipated foster youth who
have attained 21 years of age, but are under 24 years of age, and for
former emancipated foster youth who have attained 18 years of age
but are under 21 years of age, whose dependency or delinquency
jurisdiction has been terminated by the court, and for whom reentry
into foster care under subdivision (e) of Section 388 is not an
appropriate or viable option.
(4) On and after January 1, 2012, any nonminor dependent at least
18 years of age, and on January 1, 2013, 19
not more than 20 years of age, and on January 1, 2014, 20 years
of age, and not more than 21 years of age, as described in
subdivision (v) of Section 11400, pursuant to subdivision (x) of
Section 11400, and who is eligible pursuant to subdivision (b) of
Section 11403.
(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement program pursuant to the
conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, in consultation with
concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, researchers, and transitional housing
program providers, shall convene a workgroup to establish a new rate
structure for the Title IV-E funded THP-Plus-Foster Care placement
option for nonminor dependents. The workgroup shall also consider
application of this new rate structure to the transitional housing
placement program, as described in paragraph (2) of subdivision (a)
of Section 11403.3. In developing the new rate structure pursuant to
this subdivision, the department shall consider the average rates in
effect and being paid by counties to current transitional housing
placement programs.
(c) On and after January 1, 2012, with respect to nonminor
dependents under 21 years of age, the approval standards for these
legal adults placed in the THP-Plus-Foster Care shall be developed in
accordance with Section 1502.7 of the Health and Safety Code. When
developing regulations for the THP-Plus programs, the department
shall consider the development of an application fee process for the
programs, similar to the fee schedule as described in Section 1523.1
of the Health and Safety Code. An approved THP-Plus program shall
certify facilities or sites to provide transitional housing services
to nonminor dependents pursuant to subdivision (e) of Section
1559.110 of the Health and Safety Code.
(d)
(c) (1) For budgeting purposes, and to achieve the
intent of the Legislature as described in paragraph (3) of
subdivision (a), the department, in consultation with stakeholders
and pursuant to subdivision (c) of Section 11403.3, shall direct
counties that opt to participate in the THP-Plus in addition to the
THP-Plus Foster Care to establish a goal of allocating 70 percent of
the amount payable to
placements of nonminor dependents under the THP-Plus-Foster Care
program. The remaining 30 percent of the amount payable shall be
available for THP-Plus placement for both those former emancipated
foster youth who have attained 21 years of age, but are under 24
years of age, and for former emancipated foster youth who have
attained 18 years of age but who are under 21 years of age, whose
dependency or delinquency jurisdiction has been terminated by the
court, and for whom reentry into foster care under subdivision (e) of
Section 388 is not an appropriate or viable option. If a county can
demonstrate that there is insufficient demand in either the THP-Plus
or THP-Plus Foster Care program for the county to achieve the goal of
allocating 70 percent of the combined allocation to THP-Plus Foster
Care participants and 30 percent to THP-Plus participants for those
counties who opt to participate in THP-Plus, the county may
reallocate funds between THP-Plus and THP-Plus Foster Care in order
to meet the existing demand within the county.
(2) Each county shall submit to the department a plan that sets
forth how the county will provide for the THP-Plus-Foster Care
population, and, if opting for the THP-Plus, assurances that 30
percent of the placements will be set aside for the THP-Plus
population. The county plan for each county that opts to participate
in both THP-Plus and THP-Plus Foster Care shall also include a
contingency for how both THP-Plus and THP-Plus Foster Care placements
will be reallocated in the event that there is not sufficient demand
in either the THP-Plus-Foster Care Program or the THP-Plus programs
to fill the beds allocated for these populations.
(3) It is the intent of the Legislature that counties opting out
of the THP-Plus program are to receive funding based on their
operation of THP-Plus Foster Care only. The department shall develop
a mechanism to implement this provision.
(4) Counties shall be allowed a reasonable period of time to
achieve the goal described in paragraph (1). Counties shall not be
required to suspend new admissions of eligible participants into the
THP-Plus program for any period of time in order to reach the goal
described in paragraph (1).
SEC. 46. Section 11403.25 of the
Welfare and Institutions Code is repealed.
11403.25. (a) Before issuing a certificate of approval to a
THP-Plus Foster Care provider applicant pursuant to subdivision (c)
of Section 11403.2, county child welfare services agencies shall
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice of all THP-Plus
Foster Care providers, as described in Section 11403.2 for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions and state or federal arrests
and also information as to the existence and content of a record of
state or federal arrests for which the Department of Justice
establishes that the person is free on bail or on his or her own
recognizance pending trial or appeal.
(b) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to a county child welfare services agency.
(c) The Department of Justice shall provide a state and federal
level response to a county child welfare services agency pursuant to
paragraph (1) of subdivision (m) of Section 11105 of the Penal Code.
(d) A county child welfare services agency shall request from the
Department of Justice subsequent notification service, as provided
pursuant to Section 11105.2 of the Penal Code, for persons described
in subdivision (a).
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(f) The county shall not issue an approval to a THP-Plus Foster
Care provider applicant unless the applicant and any other persons as
described in subdivision (b) of Section 1522 of the Health and
Safety Code have obtained both California and Federal Bureau of
Investigation criminal record clearances or exemptions from
disqualification pursuant to Section 1522 of the Health and Safety
Code and child abuse and neglect registry clearances as specified in
Section 1522.1 of the Health and Safety Code as those provisions
relate to foster care. Processing of the clearances and exemptions by
the county shall be in accordance with Section 1522 of the Health
and Safety Code as that section relates to foster care.
(g) The State Department of Social Services shall include the
costs of these fees when determining the application and renewal fees
described in Section 11403.2 that the county child welfare services
agency may charge the THP-Plus Foster Care providers for the approval
process.
(h) The county shall cause a check of all persons as described in
subdivision (f) of the Child Abuse Central Index pursuant to
paragraph (4) of subdivision (b) of Section 11170 of the Penal Code
to be requested from the Department of Justice. The county shall
check other states' child abuse and neglect registries to the extent
required by federal law pursuant to Section 1522.1 of the Health and
Safety Code.
(i) The county child welfare services agency may issue a criminal
records exemption only if that county has been granted permission by
the Director of Social Services to issue criminal records exemptions.
The county may file a request with the Director of Social Services
seeking an amendment to its exemption authority granted by the
department pursuant to Section 361.4 to include the evaluation and
granting of appropriate individual criminal records exemptions for
persons described in subdivision (a). The director shall grant or
deny the county's request within 14 days of receipt.
SEC. 47. Section 16002.5 of the Welfare
and Institutions Code is amended to read:
16002.5. It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents and nonminor dependent parents who
are themselves dependents under the
jurisdiction of the juvenile court by ensuring that minor
parents and their children are placed together in as family-like a
setting as possible, unless it has been determined that placement
together poses a risk to the child.
(a) To the greatest extent possible, dependent minor parents and
their children living in foster care shall be provided with access to
existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing both
the parent-child bond and the minor parent's ability to provide a
permanent and safe home for the child. Examples of these services may
include, but shall not be limited to, child care, parenting classes,
child development classes, and frequent visitation.
(b) The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.
(c) Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.
(d) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated when that contact is found
to be in the best interest of the child.
(e) For the purpose of this section, "child" refers to the child
born to the minor parent.
(f) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
(g) For the purpose of this section, "nonminor dependent parent"
refers to a nonminor as described in subdivision (v) of Section 11400
who also is a parent.
SEC. 48. Section 16010 of the Welfare
and Institutions Code is amended to read:
16010. (a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers, the child's grade level performance, the child's school
record, assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement, the number of school transfers the child
has already experienced, the child's educational progress, as
demonstrated by factors, including, but not limited to, academic
proficiency scores, credits earned toward graduation, a record of the
child's immunizations and allergies, the child's known medical
problems, the child's current medications, past health problems and
hospitalizations, a record of the child's relevant mental health
history, the child's known mental health condition and medications,
and any other relevant mental health, dental, health, and education
information concerning the child determined to be appropriate by the
Director of Social Services. If any other law imposes more stringent
information requirements, then that section shall prevail.
(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (b) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a). With respect to a nonminor dependent, as
described in subdivision (v) of Section 11400, a copy of the current
health and education summary shall be included in the court report
only if and when the nonminor dependent consents in writing to its
inclusion.
(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker caregiver
with the child's current health and education summary as described in
subdivision (a). For each subsequent placement, the child protective
agency shall provide the caretaker caregiver
with a current summary as described in subdivision (a) within
48 hours of the placement. With respect to a nonminor dependent,
as described in subdivision (v) of Section 11400, a copy of the
current health and education summary shall be included in the court
report only if and when the nonminor dependent consents in writing to
its inclusion.
(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caretaker or caretakers
caregiver or caregivers prior to placement of a child if
all of the following requirements are met:
(A) The child protective agency intends to place the child with
the prospective caretaker or caretakers
caregiver or caregivers .
(B) The prospective caretaker or caretakers
caregiver or caregivers are willing to become the adoptive
parent or parents of the child.
(C) The prospective caretaker or caretakers
caregiver or caregivers have an approved adoption assessment
or home study, a foster family home license, certification by a
licensed foster family agency, or approval pursuant to the
requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caretaker caregiver
specified in paragraph (1), placement history or underlying source
documents that are provided to adoptive parents pursuant to
subdivisions (a) and (b) of Section 8706 of the Family Code.
(e) The child's caretaker caregiver
shall be responsible for obtaining and maintaining accurate and
thorough information from physicians and educators for the child's
summary as described in subdivision (a) during the time that the
child is in the care of the caretaker
caregiver . On each required visit, the child protective agency
or its designee family foster agency shall inquire of the
caretaker caregiver whether there is any new
information that should be added to the child's summary as described
in subdivision (a). The child protective agency shall update the
summary with the information as appropriate, but not later than the
next court date or within 48 hours of a change in placement. The
child protective agency or its designee family foster agency shall
take all necessary steps to assist the caretaker
caregiver in obtaining relevant health and education
information for the child's health and education summary as described
in subdivision (a). The caregiver of a nonminor dependent, as
described in subdivision (v) of Section 11400, is not responsible for
obtaining and maintaining the nonminor dependent's health and
educational information, but may assist the nonminor dependent with
any recordkeeping that the nonminor requests of the caregiver.
(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.
SEC. 49. Section 16120 of the Welfare
and Institutions Code , as amended by Section
39 of Chapter 459 of the Statutes of 2011, is amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
(b) The child has at least one of the following characteristics
that are barriers to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, three years of age or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability, as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care, as described in Section 11464.
(c) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child. The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19
years of age, effective January 1, 2013, he or she is under
20 years of age, and effective January 1, 2014, he or she is under
21 years of age and attained 16 years of age before the adoption
assistance agreement became effective, and one or more of the
conditions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403. Notwithstanding any
other law, the extension of benefits to nonminor former
dependents between 20 and 21 years of age, as provided for in this
section, shall be contingent upon an appropriation by the
Legislature.
(e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
(f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
(g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
(h) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code
or the nonminor dependent, as described in subdivision (v) of
Section 11400, is the subject of an adoption under Section 9300 of
the Family Code, and was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption. For purposes of
this paragraph, "Indian child" also includes a nonminor dependent,
as described in subdivision (v) of Section 11400, unless the nonminor
has elected not to be considered an Indian child pursuant to
subdivision (b) of Section 224.1.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(2) The child was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. For purposes of this paragraph,
"Indian child" also includes a nonminor dependent, as described in
subdivis ion (v) of Section 11400, unless the
nonminor has elected not to be considered an Indian child pursuant to
subdivision (b) of Section 224.1.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. For purposes of this paragraph,
"Indian child" also includes a nonminor dep endent, as
described in subdivision (v) of Section 11400, unless the nonminor
has elected not to be considered an Indian child pursuant to
subdivision (b) of Section 224.1.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) The child received Adoption Assistance Program benefits with
respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is
entered into on behalf of the child under this
section if the child meets both of the following criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 50. Section 16120 of the Welfare
and Institutions Code , as amended by Section
40 of Chapter 459 of the Statutes of 2011, is amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment.
(b) The child has at least one of the following characteristics
that are barriers to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, three years of age or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability, as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care, as described in Section 11464.
(c) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child. The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19
years of age, effective January 1, 2013, he or she is under
20 years of age, and effective January 1, 2014, he or she is under
21 years of age and attained 16 years of age before the adoption
assistance agreement became effective, and one or more of the
conditions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403. Notwithstanding any other law,
the extension of benefits to nonminor former dependents between 20
and 21 years of age, as provided for in this section, shall be
contingent upon an appropriation by the Legislature.
(e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
(f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
(g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
(h) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code
, or the nonminor dependent, as described in
subdivision (v) of Section 11400, is the subject of an adoption under
Section 9300 of the Family Code, and was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(2) The child was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) The child received Adoption Assistance Program benefits with
respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
applicable child for the federal fiscal year who is his or her
sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall become operative on January 1, 2014.
SEC. 51. Section 16122 of the Welfare
and Institutions Code is amended to read:
16122. (a) It is the intent of the Legislature in enacting this
chapter to provide children who would otherwise remain in long-term
foster care with permanent adoptive homes. It is also the intent of
this Legislature to encourage private adoption agencies to continue
placing these children, and in so doing, to achieve a substantial
savings to the state in foster care costs.
(b) From any funds appropriated for this purpose, the state shall
compensate private adoption agencies licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code for costs of placing for adoption children eligible for
Adoption Assistance Program benefits pursuant to Section 16120 ,
or assisting in the completion of the adoption
pursuant to Section 9300 of the Family Code of a nonminor dependent
eligible for Adoption Assistance Program benefits pursuant to Section
16120 .
These agencies shall be compensated for otherwise unreimbursed
costs for the placement of these children in an amount not to exceed
a total of three thousand five hundred dollars ($3,500) per child
adopted. Half of the compensation shall be paid at the time the
adoptive placement agreement is signed. The remainder shall be paid
at the time the adoption petition is granted by the court. Requests
for compensation shall conform to claims procedures established by
the department. This section shall not be construed to authorize
reimbursement to private agencies for intercountry adoption services.
(c) Effective July 1, 1999, the maximum amount of reimbursement
pursuant to subdivision (b) shall be five thousand dollars ($5,000).
(d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars ($10,000). This rate increase shall apply only to those cases
for which the adoptive home study approval occurred on or after July
1, 2007.
(e) Commencing with the budget subcommittee hearings for the
2008-09 fiscal year, the State Department of Social Services shall
review the reimbursement methodology for the program and annually
provide information to the fiscal committees of the Legislature on
all of the following:
(1) The costs and savings, to the extent that these can be
assessed, associated with increasing the reimbursement rate.
(2) Outcome data, including the increased number of adoptive
placements and finalized adoptions, and how these outcomes compare to
prior years.
(3) The progress toward earning federal adoption incentives.
(4) The number of new agencies participating in the placement of
children pursuant to this section.
SEC. 52. Section 16123 of the Welfare
and Institutions Code is amended to read:
16123. The provisions of Section 16120, permitting the payment of
adoption assistance until a child attains the age of 18 or 21 if the
child has mental or physical handicaps, or effective January 1,
2012, up to 21 years of age, if the child
nonminor meets the criteria specified in paragraph (3) of
subdivision (d) of Section 16120, shall be effective as long as
federal funds are available under Title IV-E of the federal Social
Security Act (Part E (commencing with Section 670) of Subchapter 4 of
Chapter 7 of Title 42 of the United States Code), and the state
continues to exercise its option to extend payments up to 21 years of
age, pursuant to Section 473(a)(4) of the federal Social Security
Act (42 U.S.C. Sec. 673(a)(4)). When those funds cease to be
available, the maximum length for payment of the Adoption Assistance
Program shall be five years except in instances in which there is a
continuing need, related to a chronic health condition of the child
which necessitated the initial financial assistance. In those cases,
a parent may, until October 1, 1992, petition the department or
licensed adoption agency to continue financial assistance up to age
of majority. On and after October 1, 1992, the parent may petition
the department or the responsible county to continue financial
assistance up to the age of majority.
SEC. 53. Section 16501 of the Welfare
and Institutions Code is amended to read:
16501. (a) As used in this chapter, "child welfare services"
means public social services which are directed toward the
accomplishment of any or all of the following purposes: protecting
and promoting the welfare of all children, including handicapped,
homeless, dependent, or neglected children; preventing or remedying,
or assisting in the solution of problems which may result in, the
neglect, abuse, exploitation, or delinquency of children; preventing
the unnecessary separation of children from their families by
identifying family problems, assisting families in resolving their
problems, and preventing breakup of the family where the prevention
of child removal is desirable and possible; restoring to their
families children who have been removed, by the provision of services
to the child and the families; identifying children to be placed in
suitable adoptive homes, in cases where restoration to the biological
family is not possible or appropriate; and ensuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services,
including transitional independent living
supportive transition services. The individual child's case
plan is the guiding principle in the provision of these services. The
case plan shall be developed within a maximum of 60 days of the
initial removal of the child or of the in-person response required
under subdivision (f) if the child has not been removed from his or
her home, or by the date of the dispositional hearing pursuant to
Section 358, whichever comes first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care, and, as
needed, shall include transitional independent living
services supportive transition services to nonminor
dependents, as described in subdivision (v) of Section 11400 .
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county
welfare director may give the employee or
prospective employee an opportunity to explain the conviction and
shall consider that explanation in the evaluation of the criminal
conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
SEC. 54. Section 16501.1 of the Welfare
and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, the case
plan shall include information, to the extent possible, about a
parent's incarceration in a county jail or the state prison during
the time that a minor child of that parent is involved in dependency
care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
family like and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, and consistent with the selection of the environment best
suited to meet the child's special needs and best interests. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code. On
or after January 1, 2012, for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is receiving AFDC-FC benefits
up to 21 years of age pursuant to Section 11403, in addition to the
above requirements, the selection of the placement, including a
supervised independent living setting, as described in Section 11400,
shall also be based upon the developmental needs of young adults by
providing opportunities to have incremental responsibilities that
prepare a nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation with
stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent's transition to independent living. The case plan
shall specify the treatment strategies that will be used to prepare
the nonminor dependent for discharge to a less restrictive and more
family-like setting, including a target date for discharge from the
group home placement. The placement shall be reviewed and updated on
a regular, periodic basis to ensure that continuation in the group
home remains in the best interests of the nonminor dependent and that
progress is being made in achieving case plan goals leading to
independent living. The group home placement planning process shall
begin as soon as it becomes clear to the county welfare department or
probation office that a foster child in group home placement is
likely to remain in group home placement on his or her 18th birthday,
in order to expedite the transition to a less restrictive and more
family-like setting if he or she becomes a nonminor dependent. The
case planning process shall include informing the youth of all of his
or her options, including, but not limited to, admission to or
continuation in a group home placement. Consideration for
continuation of existing group home placement for a nonminor
dependent under 19 years of age may include the need to stay in the
same placement in order to complete high school. After a nonminor
dependent either completes high school or attains his or her 19th
birthday, whichever is earlier, continuation in or admission to a
group home is prohibited unless the nonminor dependent satisfies the
conditions of paragraph (5) of subdivision (b) of Section 11403, and
group home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the group
home placement to the nonminor dependent to alleviate or ameliorate
the medical condition, as described in paragraph (5) of subdivision
(b) of Section 11403, shall not constitute the sole basis to
disqualify a nonminor dependent from the group home placement.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school of origin, and school attendance area, the number of school
transfers the child has previously experienced, and the child's
school matriculation schedule, in addition to other indicators of
educational stability that the Legislature hereby encourages the
State Department of Social Services and the State Department of
Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21 Sections 364, 366,
and 366.3 , and the hearing conducted pursuant to Section
366.26, but no less frequently than once every six months. Each
updated case plan shall include a description of the services that
have been provided to the child under the plan and an evaluation of
the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance, up to 21 years of age pursuant to Section
11403, the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and
signed by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include the transitional independent living plan
(TILP), a written description of the programs and services
that will help the child, consistent with the child's best interests,
prepare for the transition from foster care to independent living,
and , in addition, whether the youth has an
in-progress application pending for Title XVI Supplemental Security
Income benefits or for Special Juvenile Immigration
Immigrant Juvenile Status or other applicable
application for legal residency and an active dependency case is
required for that application. When appropriate, for a nonminor
dependent, the transitional independent living case plan
, as described in subdivision (y) of Section 11400, shall
include the TILP, a written description of the program and
services that will help the nonminor dependent, consistent with his
or her best interests, to prepare for transition from foster care and
assist the youth in meeting the eligibility criteria set forth in
Section 11403. If applicable, the case plan shall describe the
individualized supervision provided in the supervised independent
living setting as defined, in subdivision (w) of Section 11400. The
case plan shall be developed with the child or nonminor dependent and
individuals identified as important to the child or nonminor
dependent, and shall include steps the agency is taking to ensure
that the child or nonminor dependent achieves permanence, including
maintaining or obtaining permanent connections to caring and
committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, shall provide the youth or nonminor with assistance and
support in developing the written 90-day transition plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services, a power of attorney for
health care and information regarding the advance health care
directive form.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent'
s caregiver shall be provided with a copy of the nonminor's TILP.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 55. Section 16501.3 of the Welfare
and Institutions Code is amended to read:
16501.3. (a) The State Department of Social Services shall
establish a program of public health nursing in the child welfare
services program. The purpose of the public health nursing program
shall be to identify, respond to, and enhance the physical, mental,
dental, and developmental well-being of children in the child welfare
system.
(b) Counties shall use the services of a foster care public health
nurse. The foster care public health nurse shall work with the
appropriate child welfare services workers to coordinate health care
services and serve as a liaison with health care professionals and
other providers of health-related services. This shall include
coordination with county mental health plans and local health
jurisdictions, as appropriate.
(c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
(1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
(2) Collecting health information and other relevant
data on each foster child as available,
receiving all collected information to determine appropriate referral
and services, and expediting referrals to providers in the community
for early intervention services, specialty services, dental care,
mental health services, and other health-related services necessary
for the child.
(3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
(4) Providing follow-up contact to assess the child's progress in
meeting treatment goals.
(5) At the request of and under the direction of the nonminor
dependent, as described in subdivision (v) of Section 11400, assist
the nonminor dependent in accessing health and mental health care,
coordinating the delivery of health and mental health care services,
advocating for the health and mental health care that meets the needs
of the nonminor dependent, and to assist the nonminor dependent to
assume responsibility for his or her ongoing health care management.
(d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel. Notwithstanding
any other provision of law, this section shall be implemented only
if, and to the extent that, the department determines that federal
financial participation, as provided under Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e) Notwithstanding Section 10101 of the Welfare and Institutions
Code, there shall be no required county match of the nonfederal cost
of this program.
SEC. 56. Section 16503.5 of the Welfare
and Institutions Code is amended to read:
16503.5. (a) A placing agency shall provide a caregiver placement
agreement to the child's or nonminor dependent's
caregiver at the time of the child's placement with that caregiver.
(b) (1) For purposes of this part
section , "caregiver placement agreement" means
a written agreement between the placing agency and the child's
or nonminor dependent's caregiver. The department shall approve
the format and content of the placement agreement form to be used by
a placing agency.
(2) For purposes of this section, "nonminor dependent" means an
individual described in subdivision (v) of Section 11400.
(c) The agreement shall describe the terms and conditions of the
placement and any agreements made by the placing agency and the child'
s or nonminor's caregiver.
(d) The agreement shall provide, at a minimum, the contact
information for the placing agency's social worker and the worker's
supervisor, including, but not limited to, telephone numbers,
facsimile numbers, and identifying information about the child
or nonminor , including, but not limited to, the child's
or nonminor's social security number, if available, the child's
or nonminor's Medi-Cal number or group health plan number
and information, if available, and the child's or nonminor's
State Department of Social Services identification number.
(e) A county placing agency may modify the forms to meet local
needs by adding to the form requirements for information, but may not
delete the form's core elements as determined by the department.
SEC. 57. Section 16507 of the Welfare
and Institutions Code is a mended to read:
16507. (a) Family reunification services shall be provided or
arranged for by county welfare department staff in order to reunite
the child separated from his or her parent because of abuse, neglect,
or exploitation. These services shall not exceed 12 months except as
provided in subdivision (a) of Section 361.5 and subdivision (c) of
Section 366.3. Family reunification services pursuant
to Section 361.6 may be provided to nonminor dependents as described
in subdivision (v) of Section 11400. Family reunification
services shall be available without regard to income to families
whose child has been adjudicated or is in the process of being
adjudicated a dependent child of the court under the provisions of
Section 300. Family reunification services shall include a plan for
visitation of the child by his or her grandparents, where the
visitation is in the best interests of the child and will serve to
maintain and strengthen the family relationships of the child.
(b) Family reunification services shall only be provided when a
child has been placed in out-of-home care, or is in the care of a
previously noncustodial parent under the supervision of the juvenile
court.
(c) When a minor has been placed in foster care with a nonparent,
family reunification services may be provided to one or both parents.
(d) When a county child welfare services agency is providing one
parent with reunification services and the other parent is serving a
prison term for the conviction of child abuse, pursuant to Section
273a, 273ab, or 273d of the Penal Code, any sex offense specified as
being perpetrated against a minor, or an act of domestic violence,
the county child welfare services agency may request that the Board
of Prison Terms, with respect to inmates sentenced pursuant to
subdivision (b) of Section 1168 of the Penal Code, or the Department
of Corrections, with respect to inmates sentenced pursuant to Section
1170 of the Penal Code, provide the agency, during the time in which
reunification services are being provided, with notification that
the person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment.
SEC. 58. Section 16508 of the Welfare
and Institutions Code , as amended by Section
68 of Chapter 559 of the Statutes of 2010, is amended to read:
16508. Permanent placement services shall be provided or arranged
for by county welfare department staff for children who cannot
safely live with their parents and are not likely to return to their
own homes , and to nonminor dependents in planned permanent
living arrangements . Permanent placement services ,
including supportive transition services, shall be available
without regard to income to the following children:
(a) Children judged dependent under Section 300 where a review has
determined that reunification, adoption, tribal customary adoption,
or guardianship is inappropriate.
(b) Recipients of public assistance under the nonfederally funded
Aid to Families with Dependent Children Foster Care program who are
wards of a legal guardian pursuant to Section 11405, where a review
has determined that reunification or adoption is inappropriate.
(c) On and after January 1, 2012, nonminor dependents, as defined
in subdivision (v) of Section 11400, who are receiving AFDC-FC
or CalWORKs assistance pursuant to Section 11403.
(d) For purposes of this section, "supportive transition services"
refers to permanent placement services provided to nonminor
dependents as described in subdivision (v) of Section 11400.
(d)
(e) This section shall remain in effect only until
January 1, 2014, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2014, deletes or
extends that date.
SEC. 59. Section 16508 of the Welfare
and Institutions Code , as amended by Section
69 of Chapter 559 of the Statutes of 2010, is amended to read:
16508. Permanent placement services shall be provided or arranged
for by county welfare department staff for children who cannot
safely live with their parents and are not likely to return to their
own homes , and to nonminor dependents in planned
permanent living arrangements . Permanent placement services
, including supportive transition services, shall be
available without regard to income to the following children:
(a) Children judged dependent under Section 300 where a review has
determined that reunification, adoption, or guardianship is
inappropriate.
(b) Recipients of public assistance under the nonfederally funded
Aid to Families with Dependent Children Foster Care program who are
wards of a legal guardian pursuant to Section 11405, where a review
has determined that reunification or adoption is inappropriate.
(c) On and after January 1, 2012, nonminor dependents, as defined
in subdivision (v) of Section 11400, who are receiving AFDC-FC
or CalWORKs assistance pursuant to Section 11403.
(d) For purposes of this section, "supportive transition services"
refers to permanent placement services provided to nonminor
dependents as described in subdivision (v) of Section 11400.
(d)
(e) This section shall become operative on January 1,
2014.
SEC. 60. Section 16514 of the Welfare
and Institutions Code is amended to read:
16514. (a) A minor who has been voluntarily placed, adjudged a
dependent child of the juvenile court pursuant to Section 300, or as
to whom a petition has been filed under Section 325, may be housed in
an emergency shelter or, pursuant to the procedures for placement
set forth in this code, placed in a foster family home, or with a
foster family agency for subsequent placement in a suitable licensed
foster family home or certified family home, with minors adjudged
wards of the juvenile court pursuant to Section 601.
(b) A minor who has been voluntarily placed, adjudged a dependent
child of the juvenile court pursuant to Section 300, or adjudged a
ward of the juvenile court pursuant to Section 601, shall not be
housed in an emergency shelter with any minor adjudged a ward of the
juvenile court pursuant to Section 602.
(c) A minor or nonminor who has been voluntarily
placed, adjudged a dependent child of the juvenile court pursuant to
Section 300, or as to whom a petition has been filed under Section
325, or a nonminor dependent, as described in subdivision (v) of
Section 11400, shall not be placed or detained in a group home
or licensed foster family home or with a foster family agency to be
subsequently placed in a certified family home with any minor
adjudged a ward of the juvenile court pursuant to Section 601 or 602,
unless the social worker or probation officer has determined that
the group home or licensed foster family home or foster family agency
has a program that meets the specific needs of the minor or
nonminor dependent being placed or detained, and there is a
commonality of needs with the other minors and nonminor
dependents in the group home or licensed foster family home or
certified family home.
(d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or
control of the child. Nothing in this section shall relieve a foster
family agency of its responsibilities for or on behalf of a child
placed with it.
For purposes of this section, the placing of children or
nonminor dependents by foster family agencies shall be referred
to as "subsequent placement" to distinguish the activity from the
placing by public agencies.
SEC. 61. Section 16521.5 of the Welfare
and Institutions Code is amended to read:
16521.5. (a) A foster care provider, in consultation with the
county case manager, shall be responsible for ensuring that
adolescents , including nonminor dependents, as described in
subdivision (v) of Section 11400, who remain in long-term
foster care, as defined by the department, receive age-appropriate
pregnancy prevention information to the extent state and county
resources are provided.
(b) A foster care provider, in consultation with the county case
manager, shall be responsible for ensuring that a foster youth
or nonminor dependent is provided with appropriate referrals to
health services when the foster youth either reaches the
age of 18 years of age or is
emancipated the nonminor dependant exits foster care
, and to the extent county and state resources are provided.
(c) As part of the home study process, the prospective foster care
provider shall notify the county if he or she objects to
participating in adolescent pregnancy prevention training or the
dissemination of information pursuant to subdivisions (a) and (b). A
licensed foster care provider shall notify the county if he or she
objects to participation. If the provider objects, the county case
manager shall assume this responsibility.
(d) Subdivisions (a), (b), and (c) shall not take effect until the
department, in consultation with the work group, develops guidelines
that describe the duties and responsibilities of foster care
providers and county case managers in delivering pregnancy prevention
services and information.
(e) (1) The department, in consultation with the State Department
of Health Services, shall convene a working group for the purpose of
developing a pregnancy prevention plan that will effectively address
the needs of adolescent male and female foster youth. The work group
shall meet not more than three times and thereafter shall provide
consultation to the department upon request.
(2) The working group shall include representatives from the
California Youth Connection, the Foster Parent's Association, group
home provider associations, the County Welfare Director's
Association, providers of teen pregnancy prevention programs, a
foster care case worker, an expert in pregnancy prevention curricula,
a representative of the Independent Living Program, and an
adolescent health professional.
(f) The plan required pursuant to subdivision (e) shall include,
but not be limited to, all of the following:
(1) Effective strategies and programs for pre-teen and older teen
foster youth and nonminor dependents .
(2) The role of foster care and group home care providers.
(3) The role of the assigned case management worker.
(4) How to involve foster youth and nonminor peers.
(5) Selecting and providing appropriate materials to educate
foster youth and nonminors in family life education.
(6) The training of foster care and group home care providers and,
when necessary, county case managers in adolescent pregnancy
prevention.
(g) Counties currently mandating foster care provider training
shall be encouraged to include the pregnancy prevention curricula
guidelines and educational materials that may be developed by the
work group pursuant to subdivision (f).
(h) The department shall adopt regulations to implement this
section.
SEC. 62. Section 16522 of the Welfare
and Institutions Code is amended to read:
16522. (a) The State Department of Social Services shall adopt
regulations to govern county transitional housing placement programs
that provide supervised housing services to persons at least 16 years
of age and not more than 18 years of age, except nonminor
dependents, as described in subdivision (v) of Section 11400, when it
is in their best interest to remain in the facility in order to
complete high school or its equivalent, or to finish the high school
year prior to their 19th birthday, as provided for in paragraph (1)
of subdivision (a) of Section 11403.2, and who meet all of the
following conditions:
(1) Meet the requirements of Section 11401.
(2) Are in out-of-home placement under the supervision of the
county child welfare services department or the county probation
department.
(3) Are participating in, or have successfully completed an
independent living program.
(b) A transitional housing program may also serve any person under
21 years of age who is receiving aid under Section 11403.1. The
THP-Plus Foster Care program shall serve nonminor dependents, as
described in subdivisions (v) and (x) of Section 1140 0.
(c) The department may structure statewide implementation of
transitional housing placement programs on a phased-in basis.
(d) Transitional housing placement program services shall include
any of the following:
(1) Programs in which one or more participants in the program live
in an apartment, single-family dwelling, or condominium with an
adult employee of the provider.
(2) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
the provider located in a building in which one or more adult
employees of the provider reside and provide supervision.
(3) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
a provider under the supervision of the provider if the State
Department of Social Services provides approval.
(e) The regulations , including regulations for
the THP-Plus Foster Care program, shall be age-appropriate and
recognize that youth who are about to emancipate from the foster care
system should be subject to fewer restrictions than those who are
younger. At a minimum, the regulations shall provide for both of the
following:
(1) Require programs that serve youth who are both in and out of
the foster care system to have separate rules and program design, as
appropriate, for these two groups of youth.
(2) Allow youth who have emancipated from the foster care system
to have the greatest amount of freedom possible in order to prepare
them for self-sufficiency.
SEC. 63. Section 16522.1 of the Welfare
and Institutions Code is amended to read:
16522.1. In order to be licensed pursuant to Section 1559.110 of
the Health and Safety Code, an applicant shall obtain certification
from the county department of social services or the county probation
department that the facility program provides all of the following:
(a) (1) Admission criteria for participants in the program,
including, but not limited to, consideration of the applicant's age,
previous placement history, delinquency history, history of drug or
alcohol abuse, current strengths, level of education, mental health
history, medical history, prospects for successful participation in
the program, and work experience. Youth who are wards of the court
described in Section 602 and youth receiving psychotropic medications
shall be eligible for consideration to participate in the program,
and shall not be automatically excluded due to these factors.
(2) The department shall review the admission criteria to ensure
that the criteria are sufficient to protect participants and that
they do not discriminate on the basis of any characteristic listed or
defined in Section 11135 of the Government Code.
(b) Strict employment criteria that include a consideration of the
employee's age, drug or alcohol history, and experience in working
with persons in this age group.
(c) A training program designed to educate employees who work
directly with participants about the characteristics of persons in
this age group placed in long-term care settings, and designed to
ensure that these employees are able to adequately supervise and
counsel participants and to provide them with training in independent
living skills.
(d) A detailed plan for monitoring the placement of persons under
the licensee's care.
(e) A contract between the participating person and the licensee
that specifically sets out the requirements for each party, and in
which the licensee and the participant agree to the requirements of
this article.
(f) An allowance to be provided to each participant in the
program. In the case of a participant living independently, this
allowance shall be sufficient for the participant to purchase food
and other necessities.
(g) A system for payment for utilities, telephone, and rent.
(h) Policies regarding all of the following:
(1) Education requirements.
(2) Work expectations.
(3) Savings requirements.
(4) Personal safety.
(5) Visitors, including, but not limited to, visitation by the
placement auditor pursuant to subdivision (d).
(6) Emergencies.
(7) Medical problems.
(8) Disciplinary measures.
(9) Child care.
(10) Pregnancy.
(11) Curfew.
(12) Apartment cleanliness.
(13) Use of utilities and telephone.
(14) Budgeting.
(15) Care of furnishings.
(16) Decorating of apartments.
(17) Cars.
(18) Lending or borrowing money.
(19) Unauthorized purchases.
(20) Dating.
(21) Grounds for termination that may include, but shall not be
limited to, illegal activities or harboring runaways.
(i) Apartment furnishings, and a policy on disposition of the
furnishings when the participant completes the program.
(j) Evaluation of the participant's progress in the program and
reporting to the independent living program and to the department
regarding that progress.
(k) A linkage to the federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2801 et seq.) program administered in the local area to
provide employment training to eligible participants.
(l) For purposes of this section, an applicant includes a person
or program applying for licensing of the THP-Plus Foster Care
program, as described in Section 11403.2.
SEC. 64. Section 18251 of the Welfare
and Institutions Code is amended to read:
18251. As used in this chapter:
(a) "County" means each county participating in an individualized
or wraparound services program.
(b) "County placing agency" means a county welfare or probation
department, or a county mental health department with respect to
those children placed pursuant to Section 7572.5 of the Government
Code.
(c) "Eligible child" means a child or nonminor dependent, as
described in subdivision (v) of Section 11400, who is any of
the following:
(1) A child or nonminor dependent who has been
adjudicated as either a dependent , transition dependent,
or ward of the juvenile court pursuant to Section 300, 450,
601, or 602 and who would be placed in a group home licensed by
the department at a rate classification level of 10 or higher.
(2) A child who would be voluntarily placed in out-of-home care
pursuant to Section 7572.5 of the Government Code.
(3) A child who is currently, or who would be, placed in a group
home licensed by the department at a rate classification level of 10
or higher.
(d) "Wraparound services" means community-based intervention
services that emphasize the strengths of the child and family and
includes the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes
in their lives.
(e) "Service allocation slot" means a specified amount of funds
available to the county to pay for an individualized intensive
wraparound services package for an eligible child. A service
allocation slot may be used for more than one child on a successive
basis.
SEC. 65. Section 18964 of the Welfare
and Institutions Code is amended to read:
18964. (a) Notwithstanding any provision of law governing the
disclosure of information and records, including, but not limited to,
Section 5328 of the Welfare and Institutions Code, a person who is
trained and qualified to serve on a multidisciplinary personnel team
pursuant to subdivision (d) of Section 18951, whether or not the
person is serving on a team, may be deemed, by the team, to be part
of the team as necessary for the purpose of the prevention,
identification, management, or treatment of an abused child and his
or her parents. The designated team may deem a person to be a member
of the team for a particular case, and that team shall specify its
reasons, in writing, for deeming that person to be a member of the
team. The person, when deemed a member of the team, may receive and
disclose information relevant to a particular case as though he or
she were a member of the team. The information and records which may
be disclosed shall not be restricted to those obtained in the course
of providing services pursuant to this chapter.
(b) The caregiver of the child and, in the case of an Indian
child, the child's tribe shall be permitted to provide information
about the child to the multidisciplinary personnel team that will be
considered by the team and to attend meetings of the
multidisciplinary personnel team, as deemed appropriate by the team,
without becoming a member of the team. Any caregiver or tribal
representative who attends multidisciplinary personnel team meetings
shall agree in writing not to disclose any confidential information
he or she receives as a result of his or her participation with the
team.
(c) This section does not apply to the records of or pertaining to
the nonminor dependent. The multidisciplinary personnel team may
have access to those records only with the explicit written and
informed consent of the nonminor dependent.
SEC. 66. Section 18986.46 of the
Welfare and Institutions Code is amended to read:
18986.46. (a) A program shall utilize children's
multidisciplinary services teams, as defined in this chapter.
(b) A team member shall provide program services only as employed
by, under contract with, or otherwise affiliated with, the program,
and shall not share information, or provide program services, when
acting as a separate local, state, or private agency or entity.
(c) A program shall be considered a single program for purposes of
federal substance abuse program regulations contained in Part 2
(commencing with Section 2.1) of Title 42 of the Code of Federal
Regulations.
(d) Notwithstanding any other provision of law regarding
disclosure of information and records, a program shall be permitted
to establish a unified services record for a child and family. That
record shall contain all records of prior services that are released
to the program and that are relevant and necessary to formulate an
integrated services plan, pursuant to valid written authorizations,
as well as a record of all service provided under the program.
(e) Notwithstanding any other provision of law regarding
disclosure of information and records, when a child enters the
program a parent, guardian, judicial office with jurisdiction over
the minor, or a minor with legal power to consent, or nonminor
dependent, as described in subdivision (v) of Section 11400,
shall be asked to sign a single authorization that gives a knowing
and informed consent, in writing, and that complies with all other
applicable provisions of state law governing release of medical,
mental health, social service, and educational records, and that
covers multiple service providers, in order to permit the release of
records to the program. This single authorization shall not include
adoption records. The authorized representative of the child, or the
child in a case where he or she has the legal right to consent,
or the nonminor dependent, shall be fully apprised of the
requirements of this subdivision prior to participation in the
program. Before information may be exchanged about a particular child
or family pursuant to this chapter, a representative of the program
shall do all of the following:
(1) Explain to the authorized representative of the child, or the
child in a case where he or she has the legal right to consent,
or the nonminor dependent, both of the following, and this
explanation shall be given before any information about the child or
family is recorded and before any services are provided:
(A) Information provided by the child or family , or nonminor
dependent, may only be exchanged within the program with the
express written consent of the authorized representative.
(B) Information shall not be disclosed to anyone other than
members of the multidisciplinary children's services team, and those
qualified to receive information as explained in subdivision (i).
(2) The authorized representative of the child, or the child in a
case where he or she has the legal right to consent, or the
nonminor dependent, shall be informed that he or she has a
right to refuse to sign, or to limit the scope of, the consent form,
and that a refusal to sign, or to limit the scope of, the consent
form will not have an adverse impact on the client's eligibility for
services under the programs described in this chapter.
(f) The knowing and informed consent given pursuant to this
chapter shall only be in force for the time that the child or family
, or nonminor dependent, is a client of the program.
(g) (1) Notwithstanding any provision of state law governing the
disclosure of information and records, persons who are trained,
qualified, and assigned by their respective agencies to serve on
teams within a program and other team members included pursuant to
this chapter may view relevant sections of unified program records
and may disclose to one another relevant information and view records
on a child or the child's family as necessary to formulate an
integrated services plan or to deliver services to children and their
families.
(2) This information and records may include information relevant
to the evaluation of the child and his or her family, the development
of a treatment plan for the child and his or her family, and the
delivery of services. Relevant information and records shall be
shared with family members or family designees on the team, except
information or records, if any, disclosure of which the team
determines would present a reasonable risk of a significant adverse
or detrimental effect on the minor's psychological or physical
safety.
(h) (1) If the members of a multidisciplinary services team within
an integrated children's services program require records held by
other team members, copies may be provided to them.
(2) Notwithstanding any other provisions of law regarding
disclosure of information and records, a program may establish and
maintain a common data base for the purpose of delivering services
under the program. The data base may contain demographic data and may
identify the services recommended for, and provided to, a child and
his or her family by the program. The data base shall be for use and
disclosure only within the program, except by properly authorized
consent by a parent, guardian, judicial officer with jurisdiction
over the child, or a minor with the legal power to consent.
(3) The program may authorize use of information contained in the
data base for bona fide evaluation and research purposes, unless
otherwise prohibited by law. No information disclosed under this
paragraph shall permit identification of the individual patient or
client. The release of copies of mental health records, physical
health records, and drug or alcohol records in programs establishing
a unified services record shall be governed by the single
authorization of informed and knowing consent to release these
records. In programs not establishing a unified services record and
not utilizing the single authorization of informed and knowing
consent, release of these records may take place only after the team
has received a form permitting release of records on the child or the
child's family, signed by the child, to the extent the records were
generated as a result of health care services to which the child has
the power to consent under state law, or, to the extent that the
records have not been generated by the provision of these health care
services, by the child's parent, guardian, or legal representative,
including the court which has jurisdiction over those children who
are wards or dependents of the court.
(i) The multidisciplinary team may designate persons qualified
pursuant to Section 18986.40 to be a member of the team for a
particular case. A person designated as a team member pursuant to
this subdivision may receive and disclose relevant information and
records, subject to the confidentiality provisions of subdivision
(k).
(j) The sharing of information permitted under subdivision (g)
shall be governed by memoranda of understanding among the
participating service providers or agencies in the coordinated
children's service system or program. These memoranda shall specify
the types of information that may be shared without a signed release
form, in accordance with subdivision (e), and the process to be used
to ensure that current confidentiality requirements, as described in
subdivision (k), are met. This paragraph shall not be construed to
waive any right of privilege contained in the Evidence Code, except
in compliance with Section 912 of that code.
(k) Every member of the children's multidisciplinary services team
who receives information or records on children and families served
in the integrated children's services program shall be under the same
privacy and confidentiality obligations and subject to the same
confidentiality penalties as the person disclosing or providing the
information or records. The information or records obtained shall be
maintained in a manner that ensures the maximum protection of privacy
and confidentiality rights.
( l ) This section shall not be construed to restrict
guarantees of confidentiality provided under federal law.
(m) Information and records communicated or provided to the
program, by all providers, programs, and agencies, as well as
information and records created by the program in the course of
serving its children and their families, shall be deemed private and
confidential and shall be protected from discovery and disclosure by
all applicable statutory and common law protections. Civil and
criminal penalties shall apply to the inappropriate disclosure of
information held by the program. Nothing in this section shall be
construed to affect the authority of a health care provider to
disclose medical information pursuant to paragraph (1) of subdivision
(c) of Section 56.10 of the Civil Code.
SEC. 67. (a) The State Department of Social
Services shall develop regulations to implement this section, in
consultation with concerned stakeholders, including, but not limited
to, representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In developing these
regulations, the department shall consider its Manual of Policy and
Procedures, Chapter 30-000, Sections 30-912, 30-913, 30-916, and
30-917, as guidelines for developing regulations that are appropriate
for young adults who can exercise incremental responsibility
concurrently with their growth and development. The department, in
its consultation with stakeholders, shall take into consideration the
impact to the Automated Child Welfare Services Case Management
Services (CWS-CMS) and required modifications needed to accommodate
eligibility determination under this section, benefit issuance, case
management across counties, and recognition of the legal status of
nonminor dependents as adults, as well as changes to data tracking
and reporting requirements as required by the Child Welfare System
Improvement and Accountability Act of 2001 as specified in Section
10601.2, and federal outcome measures as required by the federal John
H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)).
(b) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department shall prepare for implementation of the applicable
provisions of this section by publishing, after consultation with the
stakeholders listed in subdivision (a), all-county letters or
similar instructions from the Director of Social Services by October
1, 2011, to be effective January 1, 2012. Emergency regulations to
implement the applicable provisions of this act may be adopted by the
director in accordance with the Administrative Procedure Act. The
initial adoption of the emergency regulations and one readoption of
the emergency regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
first readoption of those emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 68. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
