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 SENATE  MAY 17, 2010
	AMENDED IN ASSEMBLY  JANUARY 26, 2010
	AMENDED IN ASSEMBLY  JANUARY 11, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 26, 2009

   An act to amend Sections 362.1 and 16002 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.
   Existing law requires any order placing a dependent child in
foster care, and ordering reunification services, to provide for
visitation between the child and any sibling, unless the court finds
by clear and convincing evidence that sibling interaction is
detrimental to either child.
   This bill would, instead, require the order to provide for
visitation unless the court finds by clear and convincing evidence
that the interaction is contrary to the safety or well-being of
either child.
   Existing law requires the responsible local agency to make
diligent efforts in all out-of-home placements of dependent children
to develop and maintain sibling relationships. If siblings are not
placed together, the social worker is required to explain why those
efforts are not appropriate.
   This bill would, instead, require the social worker, if siblings
are not placed together, to explain why those efforts are contrary to
the safety or well-being of any sibling.
   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: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 362.1 of the Welfare and Institutions Code is
amended to read:
   362.1.  (a) In order to maintain ties between the parent or
guardian and any siblings and the child, and to provide information
relevant to deciding if, and when, to return a child to the custody
of his or her parent or guardian, or to encourage or suspend sibling
interaction, any order placing a child in foster care, and ordering
reunification services, shall provide as follows:
   (1) (A) Subject to subparagraph (B), for visitation between the
parent or guardian and the child. Visitation shall be as frequent as
possible, consistent with the well-being of the child.
   (B) No visitation order shall jeopardize the safety of the child.
To protect the safety of the child, the court may keep the child's
address confidential. If the parent of the child has been convicted
of murder in the first degree, as defined in Section 189 of the Penal
Code, and the victim of the murder was the other parent of the
child, the court shall order visitation between the child and the
parent only if that order would be consistent with Section 3030 of
the Family Code.
   (2) Pursuant to subdivision (b) of Section 16002, for visitation
between the child and any siblings, unless the court finds by clear
and convincing evidence that sibling interaction is contrary to the
safety or well-being of either child.
   (3) If the child is a teen parent who has custody of his or her
child and that child is not a dependent of the court pursuant to this
chapter, for visitation among the teen parent, the child's
noncustodial parent, and appropriate family members, unless the court
finds by clear and convincing evidence that visitation would be
detrimental to the teen parent.
   (b) When reunification services are not ordered pursuant to
Section 361.5, the child's plan for legal permanency shall include
consideration of the existence of and the relationship with any
sibling pursuant to Section 16002, including their impact on
placement and visitation.
   (c) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
  SEC. 2.  Section 16002 of the Welfare and Institutions Code is
amended to read:
   16002.  (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
   (b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to develop and maintain sibling relationships. If
siblings are not placed together in the same home, the social worker
shall explain why the siblings are not placed together and what
efforts he or she is making to place the siblings together or why
those efforts are contrary to the safety or well-being of any
sibling. When placement of siblings together in the same home is not
possible, a diligent effort shall be made, and a case plan prepared,
to provide for ongoing and frequent interaction among siblings until
family reunification is achieved, or, if parental rights are
terminated, as part of developing the permanent plan for the child.
If the court determines by clear and convincing evidence that sibling
interaction is contrary to the safety or well-being of any sibling,
the reasons for the determination shall be noted in the court order,
and interaction shall be suspended.
   (c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366. When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
   (d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
   (e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the licensed county
adoption agency or the State Department of Social Services shall take
all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:
   (1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
   (2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.
   (3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
   (f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.
   (g) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
   (h) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
  SEC. 3.  Section 16010.6 of the Welfare and Institutions Code is
repealed.
  SEC. 4.  Section 16010.6 is added to the Welfare and Institutions
Code, to read:
   16010.6.  (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the  end   close  of
the following business day, 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.
   (b) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a dependent
child that will result in the separation of siblings currently placed
together, the placing agency shall notify the child's attorney and
the child's siblings' attorney of this  proposed  separation
no less than 10 calendar days prior to the planned change of
placement so that the attorneys may investigate the circumstances of
the proposed separation.  If the placing agency first becomes
aware, by written notification from a foster family  
agency, group home, or other foster care provider, of the need for a
change in placement for a dependent child that will result in the
separation of siblings currently placed together, and that the child
or children shall be removed within seven days, then notice shall be
provided to the attorneys no fewer than seven days before the planned
change of placement.  In an emergency, the placing agency shall
provide notice as soon as possible, but no later than  24
hours from   the close of the first business day
following  the change of placement. This notification shall be
deemed sufficient notice for the purposes of subdivision (a).
   (c) When the required notice is given prior to a change in
placement, the notice shall include information regarding the child's
address, telephone number, and caregiver or any one or more of these
items of information to the extent that this information is known at
the time that the placing agency provides notice to the child's
attorney. When the required notice is given after the change in
placement, notice shall include information regarding the child's
address, telephone number, and caregiver.
   (d) 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. 5.  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.