Bill Text: CA AB938 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative caregivers and foster parents.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 261, Statutes of 2009. [AB938 Detail]
Download: California-2009-AB938-Amended.html
Bill Title: Relative caregivers and foster parents.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 261, Statutes of 2009. [AB938 Detail]
Download: California-2009-AB938-Amended.html
BILL NUMBER: AB 938 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY MARCH 27, 2009
INTRODUCED BY Committee on Judiciary (Feuer (Chair), Brownley,
Evans, Jones, Krekorian, Lieu, and Monning)
FEBRUARY 26, 2009
An act to amend Sections 309, 317.5, 319, 358, 358.1, and 361.3 of
the Welfare and Institutions Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 938, as amended, Committee on Judiciary. Dependent children:
relative caregivers and foster parents.
(1) Existing law authorizes a social worker to take a child who is
at risk of abuse or neglect into temporary custody under specified
circumstances. Existing law requires the social worker to investigate
the circumstances of the child and the facts surrounding the taking
of the child into custody. Existing law requires that the social
worker immediately release the child to the custody of the child's
parent or guardian, or other responsible relative, except under
certain conditions. If the child is not released to the custody of
his or her parent or guardian, the child is deemed to be detained,
and a detention hearing must be conducted before the expiration of
the next judicial day after a petition to declare the minor a
dependent child of the juvenile court has been filed.
Existing law provides for an initial petition hearing to
determine, among other things, whether a child shall remain in
detention, and, with respect to a child who is adjudged a dependent
child of the juvenile court and placed in foster care, for periodic
status review hearings to review, among other things, the continuing
necessity for and appropriateness of the placement. Prior to a status
review hearing regarding a child who is 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 or by a licensed county adoption agency, as specified, the
foster parent, relative caregiver, or certified foster parent may
file with the court a report containing his or her recommendation for
disposition.
This bill would require a social worker, when a child is removed
from the home, to immediately begin conducting an investigation, as
specified, in order to identify and locate all grandparents, adult
siblings, and other adult relatives of the child, in order to
provide, except when that relative's history of family or domestic
violence makes notification inappropriate, those persons with
specified information, including that the child has been removed from
the custody of his or her parents or guardians and an explanation of
various options to participate in the care and placement of the
child, as specified, and to report to the court at the initial
petition hearing regarding that effort. The bill would require
the State Department of Social Services to develop the notice
providing that information to relatives before January 1, 2011.
The bill would require each social study or evaluation to include a
factual discussion of these efforts, as specified. The bill would
require the court to inquire at the initial petition hearing
regarding those efforts.
The bill would also require the Judicial Council to develop
prior to January 1, 2011, a relative information
form, as specified. The form would provide information regarding the
needs of the child, and would include a provision whereby the
relative may request the permission of the court to address the
court. The bill would require a social worker to provide that form,
on and after January 1, 2011, to the adult relatives identified
pursuant to the provision described above.
The bill would require the court to consider the information
provided on a relative information form, to receive the form into
evidence, and to explain to a parent the importance of obtaining that
information to the child's well-being. By imposing new duties on
social workers, the bill would impose a state-mandated local program.
(2) Existing law authorizes the juvenile court to appoint counsel
to represent a parent or guardian in dependency proceedings if that
parent or guardian cannot afford counsel.
The bill would also express the intent of the Legislature that all
parties to juvenile court hearings have a meaningful opportunity to
participate in the hearings and, at a minimum, have the opportunity
to review reports and confer with their attorneys before all
dependency hearings.
The bill would specifically authorize attorneys representing
children in dependency proceedings to utilize investigators or social
workers to meet with or visit child clients in order to assess the
child's well-being. The bill would require the court to inquire at
each dependency hearing as to whether the parties were able to review
reports and confer with their attorneys before the hearing, and to
continue the hearing under specified circumstances to allow a party
to review a report and confer with his or her attorney.
(3) 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 309 of the Welfare and Institutions Code is
amended to read:
309. (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services. The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative unless one or more of the following conditions
exist:
(1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
(2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(4) The child has left a placement in which he or she was placed
by the juvenile court.
(5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or
and surgeon or a hospital, clinic, or other
medical facility and cannot be immediately moved and is a person
described in Section 300, the child shall be deemed to have been
taken into temporary custody and delivered to the social worker for
the purposes of this chapter while the child is at the office of the
physician or and surgeon or the medical
facility.
(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
(d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to subdivision (a) of
Section 16504.5 and a check of allegations of prior child abuse or
neglect concerning the relative or nonrelative extended family member
and other adults in the home. Upon completion of this assessment,
the child may be placed in the assessed home. For purposes of this
paragraph, and except for the criminal records check conducted
pursuant to subdivision (a) of Section 16504.5, the standards used to
determine suitability shall be the same standards set forth in the
regulations for the licensing of foster family homes.
(2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
(3) To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security Act
(42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended
family member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation's criminal history
information for the relative or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative or nonrelative extended family member, and each adult in the
home, has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(4) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
for which the Director of Social Services may grant an exemption
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county based on substantial and convincing evidence to
support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child.
(e) (1) If the child is removed, the social worker shall
immediately begin conducting an investigation in order to identify
and locate all grandparents, adult siblings , and other
adult relatives of the child, as defined in paragraph (2) of
subdivision (f) of Section 319. For all adult relatives who are
located, except when that relative's history of family or domestic
violence makes that notification inappropriate, the social worker
shall immediately provide written notification and shall also provide
oral notification in person or by phone, whenever appropriate, of
the following information:
(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.
(B) An explanation of the various options to participate in the
care and placement of the child and support for the child's family,
including , any options that may be lost by
failing to respond. The notice shall provide information about
providing care for the child while the family receives reunification
services with the goal of returning the child to the parent or
guardian, how to become a foster family home or approved nonrelative
extended family member as defined in Section 362.7, and additional
services and support that are available in out-of-home placements,
including child care, and shall include information regarding the
Kin-GAP Program (Article 4.5 (commencing with Section 11360) of
Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved
relative caregivers (Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9), as well as
other options for contact with the child, including, but not limited
to, visitation. The State Department of Social Services, in
consultation with the County Welfare Directors Association and other
interested stakeholders, shall develop the notice before January 1,
2011.
(2) On and after January 1, 2011, the social worker shall also
provide the adult relatives notified pursuant to paragraph (1) with a
relative information form to provide information to the social
worker and the court regarding the needs of the child. The form shall
include a provision whereby the relative may request the permission
of the court to address the court, if the relative so chooses. The
Judicial Council, in consultation with the State Department of Social
Services and the County Welfare Directors Association, shall develop
the form before January 1, 2011 .
(3) The social worker shall use due diligence in investigating the
name names and location of the
relatives pursuant to paragraph (1), including, but not limited to,
asking the child in an age-appropriate manner about relatives
important to the child, consistent with the child's best interest,
and obtaining information regarding the location of the child's adult
relatives from the California Parent Locator Service, in accordance
with federal requirements. Each county welfare department shall
create and make public a procedure by which relatives of a child who
has been removed from his or her parents or guardians may identify
themselves to the department and be provided with the notices
required by paragraphs (1) and (2).
SEC. 2. Section 317.5 of the Welfare and Institutions Code is
amended to read:
317.5. (a) All parties who are represented by counsel at
dependency proceedings shall be entitled to competent counsel. In
order to ensure competent representation, it is the intent of the
Legislature that all parties to juvenile court hearings have a
meaningful opportunity to participate in these hearings, including
the opportunity to review reports and confer with their attorneys
before all dependency hearings. It is expected that the attorney will
counsel the client concerning the subject matter of the litigation,
the client's rights, the court system, the proceedings, the attorney'
s role, and what to expect in the legal process, and that the
attorney will investigate the factual and legal issues in
the case and identify the services needed by the client. It is the
intent of the Legislature that the attorney review all reports to the
court and any other relevant information with the client including
child clients who are four years of age and
or older, and ensure that the attorney has explained the
substance of those reports to the client.
(b) It is the intent of the Legislature that the attorney for a
party in a dependency case must have sufficient contact with that
party to establish and maintain an adequate and professional
attorney-client relationship. Attorneys in dependency cases are
expected to meet regularly with clients, including clients who are
children, regardless of the age of the child or the child's ability
to communicate verbally, to contact social workers and other
professionals associated with the client's case, and to work
professionally with other counsel and the court to resolve disputed
aspects of a case.
(c) Notwithstanding subdivision (b), attorneys representing
children in dependency proceedings may utilize investigators or
social workers to meet with or visit child clients in order to assess
the child's well-being. The attorney's communication with the child,
including counseling the child concerning the subject matter of the
litigation, the client's rights, the court system, the attorney's
role, and what to expect in the legal process, shall be conducted in
a manner consistent with the child's age and developmental level.
(d) Each minor who is the subject of a dependency proceeding is a
party to that proceeding.
(e) At each dependency hearing, the court shall inquire as to
whether the parties were able to review reports and confer with their
attorneys before the hearing. If a party did not receive proper
notice, did not receive the report, or was not able to confer with
his or her attorney prior to the hearing, and the party requests a
continuance in order to review the report and confer with his or her
attorney, the court shall continue the hearing to allow the party to
review reports and confer with his or her attorney, unless the court
finds that it is not in the best interest of the minor, or would
prejudice the rights of a party, to continue the hearing. The court
shall continue the hearing only for that period of time necessary to
provide the opportunity to review reports and confer with the
attorney, which may even be later the same day. The court may issue
any and all orders reasonably necessary to ensure compliance with
this subdivision.
SEC. 3. Section 319 of the Welfare and Institutions Code is
amended to read:
319. (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody, the
need, if any, for continued detention, the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians, and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
(2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(3) The child has left a placement in which he or she was placed
by the juvenile court.
(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
(d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 , of Division 9 would have
eliminated the need to take temporary custody of the child or would
prevent the need for further detention.
(2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
(e) If a court orders a child detained, the court shall state the
facts on which the decision is based, specify why the initial removal
was necessary, reference the social worker's report or other
evidence relied upon to make its determination whether continuance in
the home of the parent or legal guardian is contrary to the child's
welfare, order temporary placement and care of the child to be vested
with the county child welfare department pending the hearing held
pursuant to Section 355 or further order of the court, and order
services to be provided as soon as possible to reunify the child and
his or her family if appropriate.
(f) (1) If the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
(2) 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 these persons,
even if the marriage was terminated by death or dissolution. However,
only the following relatives shall be given preferential
consideration for placement of the child: an adult who is a
grandparent, aunt, uncle, or sibling of the child.
(3) The court shall consider the recommendations of the social
worker based on the assessment pursuant to paragraph (1) of
subdivision (d) of Section 309 of the relative's home, including the
results of a criminal records check and prior child abuse
allegations, if any, prior to ordering that the child be placed with
a relative. The court shall explain to the parent the importance of
obtaining relative information to the child's well-being and shall
order the parent to disclose to the social worker the names,
residences, and any known identifying information of any maternal or
paternal relatives of the child. The social worker shall initiate the
assessment pursuant to Section 361.3 of any relative to be
considered for continuing placement.
(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 5.520 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the following conditions are found:
(A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational rights for the child.
(B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
decisionmaking.
(C) The child's educational needs cannot be met without the
temporary appointment of a responsible adult.
(2) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent, as defined in subdivision (a) of Section 56050 of
the Education Code, is not warranted, the court may, with the input
of any interested person, make educational decisions for the child.
If the court makes educational decisions for the child, the court
shall also issue appropriate orders to ensure that every effort is
made to identify a responsible adult to make future educational
decisions for the child.
(3) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational decisions for the child shall be specifically addressed
in the court order. Any order made under this section shall expire at
the conclusion of the hearing held pursuant to Section 361 or upon
dismissal of the petition. Upon the entering of disposition orders,
any additional needed limitation on the parent's or guardian's
educational rights shall be addressed pursuant to Section 361.
(h) At the hearing held pursuant to this section, the court shall
inquire regarding the efforts made by the social worker to comply
with the requirements of subdivision (e) of Section 309, and the
results of those efforts. The social worker shall also provide to the
court and to the parties any relative information form, as provided
for pursuant to Section 309, that has been completed and received.
The court shall consider that information and, if applicable, shall
decide whether to grant the request of a relative to address the
court.
SEC. 4. Section 358 of the Welfare and Institutions Code is
amended to read:
358. (a) After finding that a child is a person described in
Section 300, the court shall hear evidence on the question of the
proper disposition to be made of the child. Prior to making a finding
required by this section, the court may continue the hearing on its
own motion, the motion of the parent or guardian, or the motion of
the child, as follows:
(1) If the child is detained during the continuance, and the
social worker is not alleging that subdivision (b) of Section 361.5
is applicable, the continuance shall not exceed 10 judicial days. The
court may make an order for detention of the child or for the child'
s release from detention, during the period of continuance, as is
appropriate.
(2) If the child is not detained during the continuance, the
continuance shall not exceed 30 days after the date of the finding
pursuant to Section 356. However, the court may, for cause, continue
the hearing for an additional 15 days.
(3) If the social worker is alleging that subdivision (b) of
Section 361.5 is applicable, the court shall continue the proceedings
for a period not to exceed 30 days. The social worker shall notify
each parent of the content of subdivision (b) of Section 361.5 and
shall inform each parent that if the court does not order
reunification a permanency planning hearing will be held, and that
his or her parental rights may be terminated within the timeframes
specified by law.
(b) Before determining the appropriate disposition, the court
shall receive in evidence the social study of the child made by the
social worker, any study or evaluation made by a child advocate
appointed by the court, and other relevant and material evidence as
may be offered, including, but not limited to, the willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful, and any relative information form, as provided for
pursuant to Section 309. The court shall consider the information in
any relative information form and, if applicable, shall decide
whether to grant the request of a relative to address the court. In
any judgment and order of disposition, the court shall specifically
state that the social study made by the social worker and the study
or evaluation made by the child advocate appointed by the court, if
there be any, has been read and considered by the court in arriving
at its judgment and order of disposition. Any social study or report
submitted to the court by the social worker shall include the
individual child's case plan developed pursuant to Section 16501.1.
(c) If the court finds that a child is described by subdivision
(h) of Section 300 or that subdivision (b) of Section 361.5 may be
applicable, the court shall conduct the dispositional proceeding
pursuant to subdivision (c) of Section 361.5.
SEC. 5. Section 358.1 of the Welfare and Institutions Code is
amended to read:
358.1. Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
(a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.
(b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
(c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
(d) (1) Whether the child has 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.
(2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but 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 interest.
(e) The activities undertaken by the social worker to comply with
the requirements of subdivision (e) of Section 309, and the results
of those activities. The social worker shall also provide to the
court and the parties any relative information form, as provided for
pursuant to Section 309, that has been completed and received.
(f) If the parent or guardian is unwilling or unable to participate
in making an educational decision for his or her child, or if other
circumstances exist that compromise the ability of the parent or
guardian to make educational decisions for the child, the county
welfare department or social worker shall consider whether the right
of the parent or guardian to make educational decisions for the child
should be limited. If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.
(g) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
(h) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section 8714.7 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
(i) The appropriateness of any relative placement pursuant to
Section 361.3. However, this consideration may not be cause for
continuance of the dispositional hearing.
(j) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
SEC. 6. Section 361.3 of the Welfare and Institutions Code is
amended to read:
361.3. (a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative. In
determining whether placement with a relative is appropriate, the
county social worker and court shall consider, but shall not be
limited to, consideration of all the following factors:
(1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.
(2) The wishes of the parent, the relative, and child, if
appropriate.
(3) The provisions of Part 6 (commencing with Section 7950) of
Division 12 of the Family Code regarding relative placement.
(4) Placement of siblings and half siblings in the same home, if
that placement is found to be in the best interest of each of the
children as provided in Section 16002.
(5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in the
home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.
(6) The nature and duration of the relationship between the child
and the relative, and the relative's desire to care for, and to
provide legal permanency for, the child if reunification is
unsuccessful.
(7) The ability of the relative to do the following:
(A) Provide a safe, secure, and stable environment for the child.
(B) Exercise proper and effective care and control of the child.
(C) Provide a home and the necessities of life for the child.
(D) Protect the child from his or her parents.
(E) Facilitate court-ordered reunification efforts with the
parents.
(F) Facilitate visitation with the child's other relatives.
(G) Facilitate implementation of all elements of the case plan.
(H) Provide legal permanence for the child if reunification fails.
However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G) shall
not be the sole basis for precluding preferential placement with a
relative.
(I) Arrange for appropriate and safe child care, as necessary.
(8) The safety of the relative's home. For a relative to be
considered appropriate to receive placement of a child under this
section, the relative's home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.
In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker's determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative's disability prevents him or her
from exercising care and control. The court shall explain to the
parent the importance of obtaining relative information to the child'
s well-being and shall order the parent to disclose to the county
social worker the names, residences, and any other known identifying
information of any maternal or paternal relatives of the child. This
inquiry shall not be construed, however, to guarantee that the child
will be placed with any person so identified. The county social
worker shall initially contact the relatives given preferential
consideration for placement to determine if they desire the child to
be placed with them. Those desiring placement shall be assessed
according to the factors enumerated in this subdivision. The county
social worker shall document these efforts in the social study
prepared pursuant to Section 358.1. The court shall authorize the
county social worker, while assessing these relatives for the
possibility of placement, to disclose to the relative, as
appropriate, the fact that the child is in custody, the alleged
reasons for the custody, and the projected likely date for the child'
s return home or placement for adoption or legal guardianship.
However, this investigation shall not be construed as good cause for
continuance of the dispositional hearing conducted pursuant to
Section 358.
(b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a).
(c) For purposes of this section:
(1) "Preferential consideration" means that the relative seeking
placement shall be the first placement to be considered and
investigated.
(2) "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"
"great-great," or "grand" "grand,"
or the spouse of any of these persons even if the marriage was
terminated by death or dissolution. However, only the following
relatives shall be given preferential consideration for the placement
of the child: an adult who is a grandparent, aunt, uncle, or
sibling.
(d) Subsequent to the hearing conducted pursuant to Section 358,
whenever a new placement of the child must be made, consideration for
placement shall again be given as described in this section to
relatives who have not been found to be unsuitable and who will
fulfill the child's reunification or permanent plan requirements. In
addition to the factors described in subdivision (a), the county
social worker shall consider whether the relative has established and
maintained a relationship with the child.
(e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.
(f) (1) With respect to a child who satisfies the criteria set
forth in paragraph (2), the department and any licensed adoption
agency may search for a relative and furnish identifying information
relating to the child to that relative if it is believed the child's
welfare will be promoted thereby.
(2) Paragraph (1) shall apply if both of the following conditions
are satisfied:
(A) The child was previously a dependent of the court.
(B) The child was previously adopted and the adoption has been
disrupted, set aside pursuant to Section 9100 or 9102 of the Family
Code, or the child has been released into the custody of the
department or a licensed adoption agency by the adoptive parent or
parents.
(3) As used in this subdivision, "relative" includes a member of
the child's birth family and nonrelated extended family members,
regardless of whether the parental rights were terminated, provided
that both of the following are true:
(A) No appropriate potential caretaker is known to exist from the
child's adoptive family, including nonrelated extended family members
of the adoptive family.
(B) The child was not the subject of a voluntary relinquishment by
the birth parents pursuant to Section 8700 of the Family Code or
Section 1255.7 of the Health and Safety Code.
SEC. 7. 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.
