Bill Text: CA AB743 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Foster care: sibling placement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 560, Statutes of 2010. [AB743 Detail]

Download: California-2009-AB743-Amended.html

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BILL NUMBER: AB 743	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 26, 2009

   An act  to amend Section 306.5 of, and to repeal and add
Section 16010.6 of, the Welfare and Institutions Code, 
relating to foster care.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 743, as amended, Portantino. Foster care: sibling placement.
   Existing law provides for the placement of dependent children by
the juvenile court according to specified procedures. Existing law
declares the policy of the Legislature relating to foster care,
including that foster care should be a temporary method of care for
children and that reunification with the natural parent or parents or
another alternate permanent living situation such as adoption or
guardianship is more suitable to a child's well-being than is foster
care. 
   This bill would state the intent of the Legislature to enact
legislation that would require foster children to be placed with, and
remain placed with, their siblings absent a legal finding that
keeping the sibling group together would be detrimental to one or
more of the children.  
   Under existing law, a social worker who takes a minor into custody
is required to place the minor together with any siblings or
half-siblings who are detained, to the extent that it is practical
and appropriate, or to include a statement in a specified report as
to why that placement would not be appropriate.  
   This bill would, instead, require the social worker to make
reasonable efforts to place the minor and his or her siblings or
half-siblings together, or to include in the report a statement as to
why that placement would be contrary to the safety or well-being of
any of the siblings.  
   Existing law requires, as soon as possible after a placing agency
makes a decision with respect to a placement or a change in placement
of a dependent child, the placing agency to notify the child's
attorney and provide specified information.  
   This bill would recast and revise the above requirements relating
to the placement of siblings, including requiring the placing agency
to make a specified notification to the child's attorney and the
child's sibling's attorney when a planned change of placement will
result in the separation of siblings currently placed together. 

   By increasing the duties of social workers and county placing
agencies, this bill would impose a state-mandated local program.
 
   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.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 306.5 of the   Welfare
and Institutions Code   is amended to read: 
   306.5.  In any case in which a social worker takes a minor into
custody pursuant to Section 306, the social worker shall  ,
to the extent that it is practical and appropriate,  
make reasonable efforts to  place the minor together with any
siblings or half-siblings who are also detained or include in the
report prepared pursuant to Section 319 a statement of his or her
continuing efforts to place the siblings together or why 
those efforts are not appropriate   a joint placement
would be contrary to the safety   or well-being of any of
the siblings  .
   SEC. 2.   Section 16010.6 of the   Welfare
and Institutions Code   is repealed.  
   16010.6.  (a) As soon as possible after a placing agency makes a
decision with respect to a placement or a change in placement of a
dependent child, the placing agency shall notify the child's attorney
and provide to the child's attorney information regarding the child'
s address, telephone number, and caregiver. This requirement is
declaratory of existing law.
   (b) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of the
name, address, and telephone number of the child's caregiver, to
timely provide the attorney's contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This
rule does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age. 
   SEC. 3.    Section 16010.6 is added to the  
Welfare and Institutions Code   , to read:  
   16010.6.  (a) Absent exigent circumstances, as soon as a placing
agency becomes aware of the need for a change in the placement of a
dependent child, the placing agency shall notify the child's
attorney.
   (b) If the planned change of placement will result in the
separation of siblings currently placed together, the placing agency
shall notify the child's attorney and the child's siblings' attorneys
of the separation no less than 10 days prior to the planned
replacement so that the attorney may investigate the circumstances of
the proposed separation. In the event that the attorney objects to
the separation, the attorney may file an ex parte notice of hearing.
In the event of an emergency, the placing agency shall provide notice
as soon as possible, but no later than 24 hours from the change of
placement.
   (c) As soon as a placing agency makes a decision with respect to a
placement or a change in placement of a dependent child, the placing
agency shall notify the child's attorney and provide to the child's
attorney information regarding the child's address, telephone number,
and caregiver. This requirement is declaratory of existing law.
   (d) For purposes of this section, "sibling" is defined as a child
related to another person by blood, adoption, or affinity through a
common legal or biological parent, including half-siblings and
adoptive siblings.
   (e) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of the
name, address, and telephone number of the child's caregiver, to
timely provide the attorney's contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This
rule does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age. . 
   SEC. 4.    If the Commission on State Mandates
determines that this act contains 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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would require foster children to be placed
with, and remain placed with, their siblings absent a legal finding
that keeping the sibling group together would be detrimental to one
or more of the children.