Bill Text: CA SB1099 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dependent children: wards of the juvenile court: sibling visitation.
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 773, Statutes of 2014. [SB1099 Detail]
Download: California-2013-SB1099-Amended.html
Bill Title: Dependent children: wards of the juvenile court: sibling visitation.
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 773, Statutes of 2014. [SB1099 Detail]
Download: California-2013-SB1099-Amended.html
BILL NUMBER: SB 1099 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE APRIL 29, 2014
INTRODUCED BY Senator Steinberg
(Coauthors: Senators Anderson, Beall, Cannella, and Correa)
(Coauthors: Assembly Members Achadjian, Bonta, Chávez, Chesbro,
Frazier, Lowenthal, Medina, Nestande, Quirk, Weber, and Yamada)
FEBRUARY 19, 2014
An act to amend Sections 358.1, 361.2, 362.1, 366, 366.1, 366.3,
388, 706.6, 778, and 16002 of the Welfare and Institutions
Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
SB 1099, as amended, Steinberg. Dependent children: wards of
the juvenile court: sibling visitation.
(1) Under existing law, a child may come within the jurisdiction
of the juvenile court and become a dependent child of the court in
certain cases, including when the child is abused, a parent or
guardian fails to adequately supervise or protect the child, as
specified, or a parent or guardian fails to provide the child with
adequate food, clothing, shelter, or medical treatment. Existing
law generally subjects any person under 18 years of age who commits
a crime to the jurisdiction of the juvenile court, which may adjudge
that person to be a ward of the court.
Existing law requires the responsible local agency to make a
diligent effort in all out-of-home placements of dependent children
to place siblings together in the same placement, and to develop and
maintain sibling relationships.
This bill would extend that requirement to all out-of-home
placements of wards in foster care. By imposing additional duties on
local agencies, the bill would create a state-mandated local program.
Existing
(2) Existing law permits any
person to petition the juvenile court to assert a sibling
relationship with a dependent child or a child who is the subject of
a petition for adjudication as a dependent child and make certain
requests, including a request for visitation with the dependent
child.
This bill would also authorize a dependent child or a nonminor
dependent to request visitation with a sibling who is in the physical
custody of a common legal or biological parent. The bill would
authorize a court to grant those requests for visitation ,
unless it is determined by the court that visitation is contrary to
the safety and well-being of any of the siblings.
This bill would authorize any person, including a ward, a
transition dependent, or a nonminor dependent of the juvenile court,
to petition the court to assert a relationship as a sibling and make
certain requests, including a request for visitation, with a sibling
who is, or is the subject of an adjudication as, a ward of the
juvenile court, as specified. The bill would authorize a ward,
transition dependent, or nonminor dependent to assert a relationship
as a sibling and request visitation with a nondependent sibling who
is in the physical custody of a common legal or biological parent.
The bill would authorize a court to grant those requests for
visitation, unless it is determined by the court that visitation is
contrary to the safety and well-being of any of the siblings.
(2)
(3) Existing law requires, in order to maintain ties
between the parent or guardian and any siblings and a child placed in
foster care, an order placing a child in foster care and ordering
reunification services to provide for visitation between the parent
or guardian and the child and for visitation between any siblings and
the child.
This bill would additionally require an order placing a child in
foster care and ordering reunification services to provide for review
of the reasons for any suspension of sibling visitation at each
periodic review hearing and for a requirement that, in order for the
suspension to continue, a court make a renewed finding that sibling
interaction is contrary to the safety or well-being of either child.
(3)
(4) Existing law requires that the status of a
dependent child in foster care be reviewed periodically, but no less
frequently than once every 6 months. Existing law requires a court to
determine specified information at that hearing, including whether
the child has any siblings under the court's jurisdiction, and, if
any siblings exist and are not placed with the child, the frequency
and nature of the visits between siblings.
Existing law requires a social worker or child advocate appointed
by the court, when preparing certain social studies or evaluations,
to include specified information, including whether the child has any
siblings under the court's jurisdiction, and, if any siblings exist
and are not placed with the child, the frequency and nature of the
visits between siblings.
This bill would additionally require, if any siblings exist and
are not placed with the child, the court to determine, and require a
social worker or child advocate appointed by the court to include in
those social studies or evaluations, whether any visits between the
siblings are supervised or unsupervised, and if visits are
supervised, a discussion of the reasons why the visits are
supervised, and what needs to be accomplished in order for the visits
to be unsupervised, a description of the location and length of any
visits, and any plan to increase visitation between siblings. By
requiring county social workers to include additional information in
certain social studies or evaluations, this
the bill would impose a state-mandated local program.
(5) Existing law requires, after a minor is adjudged to be a ward
of the court, the court to hear evidence on the question of the
proper disposition to be made of the minor. Existing law requires the
probation officer to prepare a case plan if placement in foster care
is recommended by the probation officer, or if the minor is already
in foster care placement or pending placement. Existing law requires
the probation officer to include, among other things, scheduled
visits between the minor and his or her family and an explanation if
no visits are made.
This bill would additionally require the probation officer to
include specified information relating to the child's siblings. By
imposing additional duties on probation officers, the bill would
create a state-mandated local program.
(4)
(6) 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 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, all of the following:
(i) The frequency and nature of the visits between the siblings.
(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.
(iii) If there are visits between the siblings, a description of
the location and length of the visits.
(iv) Any plan to increase visitation between the 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) 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.
(f) 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.
(g) 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 8616.5 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
(h) The appropriateness of any relative placement pursuant to
Section 361.3. However, this consideration may not be cause for
continuance of the dispositional hearing.
(i) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
(j) For an Indian child, in consultation with the Indian child's
tribe, whether tribal customary adoption is an appropriate permanent
plan for the child if reunification is unsuccessful.
(k) On and after the date that the director executes a declaration
pursuant to Section 11217, whether the child has been placed in an
approved relative's home under a voluntary placement agreement for a
period not to exceed 180 days, the parent or guardian is not
interested in additional family maintenance or family reunification
services, and the relative desires and is willing to be appointed the
child's legal guardian.
SEC. 2. Section 361.2 of the Welfare and Institutions Code is
amended to read:
361.2. (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
(b) If the court places the child with that parent it may do any
of the following:
(1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or (3).
(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
(d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
(1) The home of a noncustodial parent as described in subdivision
(a), regardless of the parent's immigration status.
(2) The approved home of a relative, regardless of the relative's
immigration status.
(3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
(4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
(5) A suitable licensed community care facility, except a runaway
and homeless youth shelter licensed by the State Department of Social
Services pursuant to Section 1502.35 of the Health and Safety Code.
(6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(7) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(8) A child under six years of age may be placed in a community
care facility licensed as a group home for children, or a temporary
shelter care facility as defined in Section 1530.8 of the Health and
Safety Code, only under any of the following circumstances:
(A) (i) When a case plan indicates that placement is for purposes
of providing short term, specialized, and intensive treatment to the
child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, pursuant to paragraph (2) of
subdivision (c) of Section 16501.1, the facility meets the applicable
regulations adopted under Section 1530.8 of the Health and Safety
Code and standards developed pursuant to Section 11467.1 of this
code, and the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief
probation officer of the county probation department has approved the
case plan.
(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress toward
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.
(iii) To the extent that placements pursuant to this paragraph are
extended beyond an initial 120 days, the requirements of clauses (i)
and (ii) shall apply to each extension. In addition, the deputy
director or director of the county child welfare department or an
assistant chief probation officer or chief probation officer of the
county probation department shall approve the continued placement no
less frequently than every 60 days.
(B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
(i) The child's parent is also a ward of the court and resides in
the facility.
(ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
(iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
(9) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children only when a case plan indicates that placement is for
purposes of providing short term, specialized, and intensive
treatment for the child, the case plan specifies the need for, nature
of, and anticipated duration of this treatment, pursuant to
paragraph (2) of subdivision (c) of Section 16501.1, and is approved
by the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department.
(B) The short term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress or
is actively working toward implementing the case plan that identifies
the services or supports necessary to transition the child to a
family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.
(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraphs (A) and (B) shall apply to each extension. In addition,
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department shall approve the
continued placement no less frequently than every 60 days.
(10) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United States,
except as specified in subdivision (f).
(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best
interest of the child, except as required by federal law or treaty.
(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and must show, by
clear and convincing evidence, that placement outside the United
States is in the best interest of the child.
(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:
(A) Placement with a relative.
(B) Placement of siblings in the same home.
(C) Amount and nature of any contact between the child and the
potential guardian or caretaker.
(D) Physical and medical needs of the dependent child.
(E) Psychological and emotional needs of the dependent child.
(F) Social, cultural, and educational needs of the dependent
child.
(G) Specific desires of any dependent child who is 12 years of age
or older.
(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker to
make a placement outside the United States. A child subject to this
subdivision shall not leave the United States prior to the issuance
of the order described in this paragraph.
(5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.
(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).
(g) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
(2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency for
subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
(h) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
(i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
(j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, or any nondependent siblings in the physical
custody of a parent subject to the court's jurisdiction, the
nature of the relationship between the child and his or her siblings,
the appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002, and the impact of the
sibling relationships on the child's placement and planning for legal
permanence.
(k) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement of
the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:
(A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
(B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
(2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 3. 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) Pursuant to subdivision (c) of Section 16002, for review of
the reasons for any suspension of sibling interaction at each
periodic review hearing pursuant to Section 366, and for a
requirement that, in order for a suspension to continue, the court
shall make a renewed finding that sibling interaction is contrary to
the safety or well-being of either child.
(4) 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. 4. Section 366 of the Welfare and Institutions Code is
amended to read:
366. (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed. The court shall consider the safety of
the child and shall determine all of the following:
(A) The continuing necessity for and appropriateness of the
placement.
(B) The extent of the agency's compliance with the case plan in
making reasonable efforts, or, in the case of an Indian child, active
efforts as described in Section 361.7, to return the child to a safe
home and to complete any steps necessary to finalize the permanent
placement of the child, including efforts to maintain relationships
between a child who is 10 years of age or older and who has been in
an out-of-home placement for six months or longer, and individuals
other than the child's siblings who are important to the child,
consistent with the child's best interests.
(C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child. That limitation shall be
specifically addressed in the court order and may not exceed those
necessary to protect the child. Whenever the court specifically
limits the right of the parent or guardian to make educational
decisions or developmental services decisions for the child, the
court shall at the same time appoint a responsible adult to make
educational decisions or developmental
services decisions for the child pursuant to
Section 361.
(D) (i) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(I) The nature of the relationship between the child and his or
her siblings.
(II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(III) 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.
(IV) If the siblings are not placed together, all of the
following:
(ia) The frequency and nature of the visits between the siblings.
(ib) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.
(ic) If there are visits between the siblings, a description of
the location and length of the visits.
(id) Any plan to increase visitation between the siblings.
(V) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
(VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
(ii) The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
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.
(E) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
(F) If the review hearing is the last review hearing to be held
before the child attains 18 years of age, the court shall conduct the
hearing pursuant to Section 366.31 or 366.32.
(2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
(b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
(c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
(d) (1) A review described in subdivision (a) and any reviews
conducted pursuant to Sections 366.3 and 16503 shall not result in a
placement of a child outside the United States prior to a judicial
finding that the placement is in the best interest of the child,
except as required by federal law or treaty.
(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and must show, by
clear and convincing evidence, that a placement outside the United
States is in the best interest of the child.
(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:
(A) Placement with a relative.
(B) Placement of siblings in the same home.
(C) Amount and nature of any contact between the child and the
potential guardian or caretaker.
(D) Physical and medical needs of the dependent child.
(E) Psychological and emotional needs of the dependent child.
(F) Social, cultural, and educational needs of the dependent
child.
(G) Specific desires of any dependent child who is 12 years of age
or older.
(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker or
placing agency to make a placement outside the United States. A child
subject to this subdivision shall not leave the United States prior
to the issuance of the order described in this paragraph.
(5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.
(6) This section shall not apply to the placement of a dependent
child with a parent.
(e) A child may not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
(f) The implementation and operation of the amendments to
subparagraph (B) of paragraph (1) 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.
(g) The status review of every nonminor dependent, as defined in
subdivision (v) of Section 11400, shall be conducted pursuant to the
requirements of Sections 366.3, 366.31, or 366.32, and 16503 until
dependency jurisdiction is terminated pursuant to Section 391.
SEC. 5. Section 366.1 of the Welfare and Institutions Code is
amended to read:
366.1. Each supplemental report required to be filed pursuant to
Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:
(a) Whether the county welfare department 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 those
services to qualified parents, if appropriate under the
circumstances.
(b) What plan, if any, for the return and maintenance of the child
in a safe home is recommended to the court by the county welfare
department social worker.
(c) Whether the subject 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.
(d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child of
the court.
(e) 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 supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.
(f) (1) 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, all of the following:
(i) The frequency and nature of the visits between the siblings.
(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.
(iii) If there are visits between the siblings, a description of
the location and length of the visits.
(iv) Any plan to increase visitation between the 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 interests.
(g) Whether a child who is 10 years of age or older and who has
been in an out-of-home placement for six months or longer has
relationships with individuals other than the child's siblings that
are important to the child, consistent with the child's best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or longer
to identify any individuals other than the child's siblings who are
important to the child, consistent with the child's best interest.
The social worker may ask any other child to provide that
information, as appropriate.
(h) The implementation and operation of the amendments to
subdivision (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.
SEC. 6. Section 366.3 of the Welfare and Institutions Code 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 subdivision (f) of Section 366.31, 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 366.32. 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 county adoption agency, or the State
Department of Social Services if it is acting as an 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 or developmental
services 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 or
developmental services decisions for the child, the court shall at
the same time appoint a responsible adult to make educational
decisions or developmental services 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, all of the following:
(i) The frequency and nature of the visits between the siblings.
(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.
(iii) If there are visits between the siblings, a description of
the location and length of the visits.
(iv) Any plan to increase visitation between the 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
county adoption agency, or the department when it is acting as an
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 county adoption agency, or the State
Department of Social Services when it is acting as an 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 dependent's permanent connection, the
court may order adoption of the nonminor dependent pursuant to
subdivision (f) of Section 366.31.
(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.
SEC. 7. Section 388 of the Welfare and Institutions Code is
amended to read:
388. (a) (1) Any parent or other person having an interest in a
child who is a dependent child of the juvenile court or a nonminor
dependent as defined in subdivision (v) of Section 11400, or the
child himself or herself or the nonminor dependent 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 or
the nonminor dependent shall state the petitioner's relationship to
or interest in the child or the nonminor dependent 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.
(2) When any party, including a child who is a dependent of the
juvenile court, petitions the court prior to an order terminating
parental rights, to modify the order that reunification services were
not needed pursuant to paragraphs (4), (5), and (6) of subdivision
(b) of Section 361.5, or to modify any orders related to custody or
visitation of the subject child, and the court orders a hearing
pursuant to subdivision (d), the court shall modify the order that
reunification services were not needed pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, or any orders
related to the custody or visitation of the child for whom
reunification services were not ordered pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, only if the court
finds by clear and convincing evidence that the proposed change is in
the best interests of the child.
(b) (1) Any person, including a child or a nonminor dependent 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.
(2) A child or nonminor dependent 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 in the physical custody
of a common legal or biological parent, and may request visitation
with the nondependent sibling in parental custody.
(3) Pursuant to subdivision (b) of Section 16002, a request for
sibling visitation may be granted unless it is determined by the
court that sibling visitation is contrary to the safety and
well-being of any of the siblings.
(4) The court may appoint a guardian ad litem to file the petition
for a dependent child asserting a sibling relationship pursuant to
this subdivision 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:
(A) Through which parent he or she is related to the sibling.
(B) Whether he or she is related to the sibling by blood,
adoption, or affinity.
(C) The request or order that the petitioner is seeking.
(D) 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's 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 that include but are
not limited to, the parent's or guardian's incarceration,
institutionalization, detention by the United States Department of
Homeland Security, deportation, 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) Any party, including a nonminor dependent, as defined in
subdivision (v) of Section 11400, may petition the court prior to the
review hearing set pursuant to subdivision (d) of Section 366.31 to
terminate the continuation of court-ordered family reunification
services for a nonminor dependent who has attained 18 years of age.
The court shall terminate family reunification services to the parent
or guardian if the nonminor dependent or parent or guardian are not
in agreement that the continued provision of court-ordered family
reunification services is in the best interests of the nonminor
dependent.
(5) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
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 a nonminor dependent who is otherwise eligible to AFDC-FC
benefits pursuant to Section 11403 to remain in a planned, permanent
living arrangement.
(d) If it appears that the best interests of the child or the
nonminor dependent may be promoted by the proposed change of order,
modification of reunification services, custody, or visitation orders
concerning a child for whom reunification services were not ordered
pursuant to paragraphs (4), (5), and (6) of subdivision (b) of
Section 361.5, 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 in the manner prescribed
by Section 386, and, in those instances in which the manner of
giving notice is not prescribed by those sections, then in the manner
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 years of age,
or, commencing January 1, 2013, 20 years of age, or, commencing
January 1, 2014, 21 years of age, or as described in Section 10103.5,
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 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, may be 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,
tribe, consortium of tribes, or tribal organization, 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, 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.
(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 for the
review hearing under Section 366.31, 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.
SEC. 8. Section 706.6 of the Welfare
and Institutions Code is amended to read:
706.6. A case plan prepared as required by Section 706.5 shall be
submitted to the court. It shall either be attached to the social
study or incorporated as a separate section within the social study.
The case plan shall include, but not be limited to, the following
information:
(a) A description of the circumstances that resulted in the minor
being placed under the supervision of the probation department and in
foster care.
(b) An assessment of the minor's and family's strengths and needs
and the type of placement best equipped to meet those needs.
(c) A description of the type of home or institution in which the
minor is to be placed, including a discussion of the safety and
appropriateness of the placement. An appropriate placement is a
placement in the least restrictive, most family-like environment, in
closest proximity to the minor's home, that meets the minor's best
interests and special needs.
(d) 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:
(1) Assurances 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.
(2) An assurance that the placement agency has coordinated with
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.
(e) Specific time-limited goals and related activities designed to
enable the safe return of the minor to his or her home, or in the
event that return to his or her home is not possible, activities
designed to result in permanent placement or emancipation. Specific
responsibility for carrying out the planned activities shall be
assigned to one or more of the following:
(1) The probation department.
(2) The minor's parent or parents or legal guardian or guardians,
as applicable.
(3) The minor.
(4) The foster parents or licensed agency providing foster care.
(f) The projected date of completion of the case plan objectives
and the date services will be terminated.
(g) (1) Scheduled visits between the minor
and his or her family and an explanation if no visits are made.
(2) Whether the child has other siblings, 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, all of the following:
(i) The frequency and nature of the visits between the siblings.
(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.
(iii) If there are visits between the siblings, a description of
the location and length of the visits.
(iv) Any plan to increase visitation between the siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
(F) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
(3) The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
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.
(h) (1) When 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 minor's parent or legal guardian or
out-of-state, the case plan shall specify the reasons why the
placement is the most appropriate and is in the best interest of the
minor.
(2) When an out-of-state group home placement is recommended or
made, the case plan shall comply with Section 727.1 and Section
7911.1 of the Family Code. In addition, documentation of the
recommendation of the multidisciplinary team and the rationale for
this particular placement shall be included. The case plan shall also
address what in-state services or facilities were used or considered
and why they were not recommended.
(i) If applicable, efforts to make it possible to place siblings
together, unless it has been determined that placement together is
not in the best interest of one or more siblings.
(j) A schedule of visits between the minor and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.
(k) Health and education information about the minor, school
records, immunizations, known medical problems, and any known
medications the minor may be taking, names and addresses of the minor'
s health and educational providers; the minor's grade level
performance; assurances that the minor's placement in foster care
takes into account proximity to the school in which the minor was
enrolled at the time of placement; and other relevant health and
educational information.
(l) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services that were
provided to prevent removal of the minor from the home, those
services to be provided to assist in reunification and the services
to be provided concurrently to achieve legal permanency if efforts to
reunify fail.
(m) The updated case plan prepared for a permanency planning
hearing shall include a recommendation for a permanent plan for the
minor. If, after considering reunification, adoptive placement, legal
guardianship, or permanent placement with a fit and willing relative
the probation officer recommends placement in a planned permanent
living arrangement, the case plan shall include documentation of a
compelling reason or reasons why termination of parental rights is
not in the minor's best interest. For purposes of this subdivision, a
"compelling reason" shall have the same meaning as in subdivision
(c) of Section 727.3.
(n) Each updated case plan shall include a description of the
services that have been provided to the minor under the plan and an
evaluation of the appropriateness and effectiveness of those
services.
(o) A statement that the parent or legal guardian, and the minor
have had an opportunity to participate in the development of the case
plan, to review the case plan, to sign the case plan, and to receive
a copy of the plan, or an explanation about why the parent, legal
guardian, or minor was not able to participate or sign the case plan.
(p) For a minor in out-of-home care who is 16 years of age or
older, a written description of the programs and services, which will
help the minor prepare for the transition from foster care to
independent living.
SEC. 9. Section 778 of the Welfare and
Institutions Code is amended to read:
778. (a) (1) Any
parent or other person having an interest in a child who is a ward 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 ward of the juvenile court 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 which are alleged to require such change
of order or termination of jurisdiction.
If
(2) If it appears that the best
interests of the child may be promoted by the proposed change of
order or termination of jurisdiction, the court shall order that a
hearing be held and shall give prior notice, or cause prior notice to
be given, to such persons and by such means as prescribed by
Sections 776 and 779, and, in such instances as the means of giving
notice is not prescribed by such sections, then by such means as the
court prescribes.
(b) (1) Any person, including a ward, a transition
dependent, or a nonminor 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 ward of the juvenile court, and may request
visitation with the ward, placement with or near the ward, or
consideration when determining or implementing a case plan or
permanent plan for the ward.
(2) A ward, transition dependent, or nonminor 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 in the physical custody
of a common legal or biological parent, and may request visitation
with the nondependent sibling in parental custody.
(3) Pursuant to subdivision (b) of Section 16002, a request for
sibling visitation may be granted unless it is determined by the
court that sibling visitation is contrary to the safety and
well-being of any of the siblings.
(4) The court may appoint a guardian ad litem to file the petition
for a ward asserting a sibling relationship pursuant to this
subdivision if the court determines that the appointment is necessary
for the best interests of the ward. The petition shall be verified
and shall set forth the following:
(A) Through which parent he or she is related to the sibling.
(B) Whether he or she is related to the sibling by blood,
adoption, or affinity.
(C) The request or order that the petitioner is seeking.
(D) Why that request or order is in the best interest of the ward.
SEC. 8. SEC. 10. Section 16002 of
the Welfare and Institutions Code is amended to read:
16002. (a) (1) 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.
(2) It is also the intent of the Legislature to preserve and
strengthen a child's sibling relationship so that when a child has
been removed from his or her home and he or she has a sibling or
siblings who remain in the custody of a mutual parent subject to the
court's jurisdiction, the court has the authority to develop a
visitation plan for the siblings, unless it has been determined that
visitation is contrary to the safety or well-being of any sibling.
(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children,
children and wards in foster care, including those with
relatives, to place siblings together in the same placement, and 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 making those efforts
would be contrary to the safety and well-being of any of the
siblings. 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 and well-being of any of the
siblings, 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.
366 or 727.3. In order for the suspension to continue, the
court shall make a renewed finding that sibling interaction is
contrary to the safety or well-being of either child. 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, child or ward, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
388 or the ward in foster care pursuant to Section
778.
(e) If parental rights are terminated and the court orders a
dependent child or ward to be placed for adoption, the
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. 9. SEC. 11. 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.
