Bill Text: CA SB1460 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child welfare.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 772, Statutes of 2014. [SB1460 Detail]
Download: California-2013-SB1460-Introduced.html
Bill Title: Child welfare.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 772, Statutes of 2014. [SB1460 Detail]
Download: California-2013-SB1460-Introduced.html
BILL NUMBER: SB 1460 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Human Services (Senators Yee (Chair),
Berryhill, Evans, Liu, Wright, and Wyland)
FEBRUARY 25, 2014
An act to amend Sections 17212 and 17506 of, and to add Section
8707.1 to, the Family Code, to amend Section 1515 of the Health and
Safety Code, and to amend Sections 16002, 16010.6, and 16519.5 of the
Welfare and Institutions Code, relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 1460, as introduced, Committee on Human Services. Child
welfare.
(1) Existing law, requires the State Department of Social Services
to, authorize a county welfare department to undertake comprehensive
recruitment programs to ensure an adequate number of foster homes
are available. Existing law regulates adoption services by the
department, county adoption agencies, licensed adoption agencies, and
other adoption service providers, and requires the department to
adopt regulations pertaining to those services.
This bill would require that recruitment to include diligent
efforts to recruit individuals who reflect the ethnic, racial, and
cultural diversity of foster children and adoptive children, but
would not affect the application of the federal Indian Child Welfare
Act.
(2) Existing law requires a social worker to conduct, within 30
days of a child being removed from the custody of his or her parents
or guardians, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child.
This bill would authorize county child welfare and probation
departments to request and receive from the California Parent Locator
Service and Central Registry and the federal Parent Locator Service
information to identify and locate those family members.
(3) Existing law requires the local child welfare agency to make a
diligent effort in all out-of-home placements of dependent children,
including those with relatives, to place siblings together in the
same placement, and requires the social worker to 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.
This bill would also require a probation officer to provide that
explanation.
(4) Existing law authorizes the State Department of Social
Services, in consultation with specified groups, to implement a
unified, family friendly, and child-centered resource family approval
process relating to foster care and adoption placements.
This bill would make nonsubstantive, conforming changes.
(5) Existing law authorizes state departments to adopt regulations
in accordance with the rulemaking provisions of the Administrative
Procedures Act.
This bill would authorize the State Department of Social Services,
until emergency regulations are filed with the Secretary of State,
to implement specified changes proposed by this bill, through
all-county letters or similar instructions from the Director of
Social Services.
(6) By expanding the duties of local agencies, this bill would
create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8707.1 is added to the Family Code, to read:
8707.1. (a) The agency responsible for recruitment of potential
adoptive parents shall make diligent efforts to recruit individuals
who reflect the ethnic, racial, and cultural diversity of children
for whom adoptive homes are needed.
(b) This section shall not be construed to affect the application
of the federal Indian Child Welfare Act.
SEC. 2. Section 17212 of the Family Code is amended to read:
17212. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
(1) The establishment or maintenance of parent and child
relationships and support obligations.
(2) The enforcement of the child support liability of absent
parents.
(3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
17604 and Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9.
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or
detained by them.
(b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this division, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the party, a good
cause claim under Section 11477.04 of the Welfare and Institutions
Code has been approved or is pending, or the public agency
responsible for establishing paternity or enforcing support has
reason to believe that the release of the information may result in
physical or emotional harm to the party or the child. When a local
child support agency is prohibited from releasing information
pursuant to this subdivision, the information shall be omitted from
any pleading or document to be submitted to the court and this
subdivision shall be cited in the pleading or other document as the
authority for the omission. The information shall be released only
upon an order of the court pursuant to paragraph (6) of subdivision
(c).
(3) Notwithstanding any other provision of law, a proof of service
filed by the local child support agency shall not disclose the
address where service of process was accomplished. Instead, the local
child support agency shall keep the address in its own records. The
proof of service shall specify that the address is on record at the
local child support agency and that the address may be released only
upon an order from the court pursuant to paragraph (6) of subdivision
(c). The local child support agency shall, upon request by a party
served, release to that person the address where service was
effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and to the county welfare department responsible for
administering a program operated under a state plan pursuant to Part
A, Subpart 1 or 2 of Part B, or Part E of Subchapter IV of Chapter 7
of Title 42 of the United States Code.
(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
(3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the local child
support agency and the parties appearing at the hearing if there is
reason to believe that release of the requested information may
result in physical or emotional harm to a party. If the court
determines that harm may occur, the court shall issue any protective
orders or injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(9) A parent's or relative's name, social security
number, most recent address, telephone number, place of employment,
or other contact information may be released to a county child
welfare agency or county probation department pursuant to subdivision
(c) of Section 17506.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this division, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this division, "obligor" means any person
owing a duty of support.
(3) As used in this division, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
local child support agency is attempting to establish paternity or
establish, modify, or enforce support pursuant to Section 17400.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
SEC. 3. Section 17506 of the Family Code is amended to read:
17506. (a) There is in the department a California Parent Locator
Service and Central Registry that shall collect and disseminate all
of the following, with respect to any parent, putative parent,
spouse, or former spouse:
(1) The full and true name of the parent together with any known
aliases.
(2) Date and place of birth.
(3) Physical description.
(4) Social security number.
(5) Employment history and earnings.
(6) Military status and Veterans Administration or military
service serial number.
(7) Last known address, telephone number, and date thereof.
(8) Driver's license number, driving record, and vehicle
registration information.
(9) Criminal, licensing, and applicant records and information.
(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to Section
19285.1 of the Revenue and Taxation Code, and to the extent permitted
by federal law, the address, telephone number, and social security
number obtained from a public utility, cable television corporation,
a provider of electronic digital pager communication, or a provider
of mobile telephony services that may be of assistance in locating
the parent, putative parent, abducting, concealing, or detaining
parent, spouse, or former spouse, in establishing a parent and child
relationship, in enforcing the child support liability of the absent
parent, or enforcing the spousal support liability of the spouse or
former spouse to the extent required by the state plan pursuant to
Section 17604.
(B) For purposes of this subdivision, "income tax return
information" means all of the following regarding the taxpayer:
(i) Assets.
(ii) Credits.
(iii) Deductions.
(iv) Exemptions.
(v) Identity.
(vi) Liabilities.
(vii) Nature, source, and amount of income.
(viii) Net worth.
(ix) Payments.
(x) Receipts.
(xi) Address.
(xii) Social security number.
(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of Justice,
the Department of Child Support Services shall assume responsibility
for the California Parent Locator Service and Central Registry. The
letter of agreement shall, at a minimum, set forth all of the
following:
(1) Contingent upon funding in the Budget Act, the Department of
Child Support Services shall assume responsibility for leadership and
staff of the California Parent Locator Service and Central Registry
commencing July 1, 2003.
(2) All employees and other personnel who staff or provide support
for the California Parent Locator Service and Central Registry
shall, at the time of the transition, at their option, become the
employees of the Department of Child Support Services at their
existing or equivalent classification, salaries, and benefits.
(3) Until the department's automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system operated
by the Department of Justice.
(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.
(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services and
other public agencies to carry out their powers and duties to locate
parents, spouses, and former spouses, and to identify their assets,
to establish parent-child relationships, and to enforce liability for
child or spousal support, and for any other obligations incurred on
behalf of children, and shall also provide that information to any
local child support agency in fulfilling the duties prescribed in
Section 270 of the Penal Code, and in Chapter 8 (commencing with
Section 3130) of Part 2 of Division 8 of this code, relating to
abducted, concealed, or detained children and to any county child
welfare agency or county probation department in fulfilling the
duties prescribed in Article 5.5 (commencing with Section 290.1) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, and prescribed in Article 6 (commencing with Section 300) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code to identify, locate, and notify parents or relatives
of children who are the subject of juvenile court proceedings, to
establish parent and child relationships pursuant to Section 316.2 of
the Welfare and Institutions Code, and to assess the appropriateness
of placement of a child with a noncustodial parent pursuant to
Section 361.2 of the Welfare and Institutions Code. Consistent
with paragraph (1) of subdivision (e) of Section 309 of, and
paragraph (2) of subdivision (d) of Section 628 of, the Welfare and
Institutions Code, in order for county child welfare and probation
departments to carry out their duties to identify and locate all
grandparents, adult siblings, and other adult relatives of the child
as defined in paragraph (2) of subdivision (f) of Section 319 of the
Welfare and Institutions Code, including any other adult relatives
suggested by the parents, county personnel are permitted to reque
st and receive information from the California Parent
Locator Service and Federal Parent Locator Service. County
child welfare agencies and probation departments shall be entitled to
that the information described in
this subdivision regardless of whether an all-county letter or
similar instruction is issued pursuant to subparagraph (C) of
paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare
and Institutions Code. The California Child Support Automation System
shall be entitled to the same cooperation and information as the
California Parent Locator Service and Central Registry to the extent
allowed by law. The California Child Support Automation System shall
be allowed access to criminal record information only to the extent
that access is allowed by state and federal law.
(d) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from public
utilities, as defined in Section 216 of the Public Utilities Code,
customer service information, including the full name, address,
telephone number, date of birth, employer name and address, and
social security number of customers of the public utility, to the
extent that this information is stored within the computer database
of the public utility.
(2) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from cable
television corporations, as defined in Section 216.4 of the Public
Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code, and
the providers of mobile telephony services, as defined in Section
224.4 of the Public Utilities Code, customer service information,
including the full name, address, telephone number, date of birth,
employer name and address, and social security number of customers of
the cable television corporation, customers of the providers of
electronic digital pager communication, and customers of the
providers of mobile telephony services.
(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony service
customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:
(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation System
and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall be
deemed to be an administrative subpoena for customer service
information.
(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.
(C) Contain at least three of the following data elements
regarding the person sought:
(i) First and last name, and middle initial, if known.
(ii) Social security number.
(iii) Driver's license number.
(iv) Birth date.
(v) Last known address.
(vi) Spouse's name.
(D) The California Parent Locator Service and Central Registry and
the California Child Support Automation System shall ensure that
each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the
names of persons authorized to request customer service information.
(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is applicable
to the person who is being sought before releasing the information
pursuant to subdivision (d).
(4) During the development of the California Child Support
Automation System, the department shall determine the necessity of
additional locate sources, including those specified in this section,
based upon the cost-effectiveness of those sources.
(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.
(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to
criminal or civil liability for the release of customer service
information as authorized by this subdivision.
(e) Notwithstanding Section 14202 of the Penal Code, any records
established pursuant to this section shall be disseminated only to
the Department of Child Support Services, the California Child
Support Automation System, the California Parent Locator Service and
Central Registry, the parent locator services and central registries
of other states as defined by federal statutes and regulations, a
local child support agency of any county in this state, and the
federal Parent Locator Service. The California Child Support
Automation System shall be allowed access to criminal offender record
information only to the extent that access is allowed by law.
(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision of law.
(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.
(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation of
the California Child Support Automation System, the Department of
Child Support Services shall assume all responsibility for
promulgating rules and regulations for use of the California Parent
Locator Service and Central Registry.
(2) The Department of Child Support Services, the Public Utilities
Commission, the cable television corporations, providers of
electronic digital pager communication, and the providers of mobile
telephony services shall develop procedures for obtaining the
information described in subdivision (c) from public utilities, cable
television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and for
compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers of
mobile telephony services for providing that information.
(h) The California Parent Locator Service and Central Registry may
charge a fee not to exceed eighteen dollars ($18) for any service it
provides pursuant to this section that is not performed or funded
pursuant to Section 651 and following of Title 42 of the United
States Code.
(i) This section shall be construed in a manner consistent with
the other provisions of this article.
SEC. 4. Section 1515 of the Health and Safety Code is amended to
read:
1515. (a) The department shall authorize
county welfare departments to undertake comprehensive recruitment
programs, including but not limited to media advertising, public
awareness campaigns and public speaking engagements to ensure an
adequate number of foster homes are available to meet the child
welfare placement needs in each county.
In
(b) In counties in which the
county has contracted with the state to license foster parents, if
the county undertakes a recruitment program, it shall be done by the
placement agency. The state shall not be required to perform any acts
in connection with a recruitment program.
(c) The recruitment of potential foster parents shall include
diligent efforts to recruit individuals who reflect the ethnic,
racial, and cultural diversity of foster children.
SEC. 5. Section 16002 of the Welfare and Institutions Code is
amended to read:
16002. (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to 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 or probation
officer 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. When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
(e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the 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. 6. Section 16010.6 of the Welfare and Institutions Code is
amended to read:
16010.6. (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the close of the following business day, the
placing agency shall notify the child's attorney and provide to the
child's attorney information regarding the child's address, telephone
number, and caregiver.
(b) (1) A placing agency shall not make a placement or a change in
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 placing agency 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 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.
(c) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a dependent
child or ward that will result in the separation of
siblings currently placed together, the placing agency shall notify
the child's attorney and the child's siblings' attorney of this
proposed separation no less than 10 calendar days prior to the
planned change of placement so that the attorneys may investigate the
circumstances of the proposed separation. If the placing agency
first becomes aware, by written notification from a foster family
agency, group home, or other foster care provider, of the need for a
change in placement for a dependent child or ward that
will result in the separation of siblings currently placed together,
and that the child or children shall be removed within seven days,
then notice shall be provided to the attorneys by the end of the next
business day after the receipt of notice from the provider. In an
emergency, the placing agency shall provide notice as soon as
possible, but no later than the close of the first business day
following the change of placement. This notification shall be deemed
sufficient notice for the purposes of subdivision (a).
(d) When the required notice is given prior to a change in
placement, the notice shall include information regarding the child's
address, telephone number, and caregiver or any one or more of these
items of information to the extent that this information is known at
the time that the placing agency provides notice to the child's
attorney. When the required notice is given after the change in
placement, notice shall include information regarding the child's
address, telephone number, and caregiver.
(e) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of the
name, address, and telephone number of the child's caregiver, to
timely provide the attorney's contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This
rule does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age.
SEC. 7. Section 16519.5 of the Welfare and Institutions Code is
amended to read:
16519.5. (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall implement
a unified, family friendly, and child-centered resource family
approval process to replace the existing multiple processes for
licensing foster family homes, approving relatives and nonrelative
extended family members as foster care providers, and approving
adoptive families.
(b) Up to five counties shall be selected to participate on a
voluntary basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
(c) (1) For the purposes of this section, "resource family" means
an individual or couple that a participating county determines to
have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision (d)
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department. A
resource family shall demonstrate all of the following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.
(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the program.
(3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
(4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
(d) Prior to implementation of this program, the department shall
adopt standards pertaining to home approval and permanency assessment
of a resource family.
(1) Resource family home approval standards shall include, but not
be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a check
of the Child Abuse Central Index (CACI), a check of the Child Welfare
Services/Case Management System (CWS/CMS), and receipt of
a fingerprint-based state and federal criminal offender
record information search response , and submission of a
fingerprint-based federal criminal offender record information search
.
(ii) Consideration of any prior allegations of child abuse or
neglect against either the applicant or any other adult residing in
the home. An approval may not be granted to applicants whose criminal
record indicates a conviction for any of the offenses specified in
clause (i) of subparagraph (A) of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.
(iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director or the early
implementation county, if that county has been granted permission by
the director to issue criminal records exemptions pursuant to
Section 361.4, using the exemption criteria currently used for foster
care licensing as specified in subdivision (g) of Section 1522 of
the Health and Safety Code.
(B) Buildings and grounds, outdoor activity space, and storage
requirements set forth in Sections 89387 and 89387.2 of Title 22 of
the California Code of Regulations.
(C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most familylike environment
that serves the needs of the child.
(D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic violence.
(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
(A) The applicant shall complete caregiver training.
(B) The applicant shall complete a psychosocial evaluation.
(C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
(e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
(2) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based upon the needs of the child.
(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
(4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
(B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(D) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
(3) Entering into terms and conditions for participation in the
program by counties.
(4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700) of
Chapter 7 of Title 11 of the California Code of Regulations shall be
approved by the Department of Justice. The directives shall be exempt
from the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3
of Title 2 of the Government Code.
(5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
(6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.
(7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation of the program.
(B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against participating
counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
(9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:
(A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
(B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
(C) An analysis of cost, utilizing available data, including
funding sources.
(D) An analysis of regulatory or statutory barriers to
implementing the program on a statewide basis.
(g) Counties participating in the program shall be responsible for
all of the following:
(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
(3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
(4) Ensuring staff have the education and experience necessary to
complete the home approval and permanency assessment competently.
(5) Approving and denying resource family applications, including
all of the following:
(A) Rescinding home approvals and resource family approvals where
appropriate, consistent with the established standard.
(B) Providing disapproved resource families requesting review of
that decision due process by conducting county grievance reviews
pursuant to the department's regulations.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.
(6) Updating resource family approval annually.
(7) Monitoring resource families through all of the following:
(A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
(A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially perform the home
approval or permanency assessment.
(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).
(h) Approved relatives and nonrelated extended family members,
licensed foster family homes, or approved adoptive homes that have
completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
(i) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties participating in the program and only for the
duration of the program.
(j) Resource families approved under initial implementation of the
program, who move within an early implementation county or who move
to another early implementation county, shall retain their resource
family status if the new building and grounds, outdoor activity
areas, and storage areas meet home approval standards. The State
Department of Social Services or early implementation county may
allow a program-affiliated individual to transfer his or her
subsequent arrest notification if the individual moves from one early
implementation county to another early implementation county, as
specified in subdivision (h) of Section 1522 of the Health and Safety
Code.
(k) (1) A resource family approved under this program that moves
to a nonparticipating county shall lose its status as a resource
family. The new county of residence shall deem the family approved
for licensing, relative and nonrelated extended family member
approval, guardianship, and adoption purposes, under the following
conditions:
(A) The new building and grounds, outdoor activity areas, and
storage areas meet applicable standards, unless the family is subject
to a corrective action plan.
(B) There has been a criminal records clearance of all adults
residing in the home and exemptions granted, using the exemption
criteria currently used for foster care licensing, as specified in
subdivision (g) of Section 1522 of the Health and Safety Code.
(2) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
( l ) Implementation of the program shall be contingent
upon the continued availability of federal Social Security Act Title
IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement
of children with resource families assessed and approved under the
program.
(m) Notwithstanding Section 11402, a child placed with a resource
family shall be eligible for AFDC-FC payments. A resource family
shall be paid an AFDC-FC rate pursuant to Sections 11460 and 11461.
Sharing ratios for nonfederal expenditures for all costs associated
with activities related to the approval of relatives and nonrelated
extended family members shall be in accordance with Section 10101.
(n) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
(o) Approved resource families under this program shall be exempt
from all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code, and all regulations promulgated thereto.
(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
(p) Early implementation counties shall be authorized to continue
through the end of the 2010-11 fiscal year, or through the end of the
third full fiscal year following the date that counties commence
implementation, whichever of these dates is later, at which time the
program shall be authorized in all counties.
(q) Notwithstanding subdivision (p), this section shall not be
implemented until January 1, 2013.
SEC. 8. (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
until emergency regulations are filed with the Secretary of State,
the State Department of
Social Services may implement the changes made to Section 8707.1 of
the Family Code, Section 1515 of the Health and Safety Code, and
Sections 10850.4, 16002, 16010.6, 16519.5, and 17212 of the Welfare
and Institutions Code by this act through all-county letters or
similar instructions from the director. The department shall adopt
emergency regulations, as necessary to implement those amendments no
later than January 1, 2016.
(b) The adoption of regulations pursuant to subdivision (a) shall
be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be exempt
from review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days, by which time
the final regulations shall be adopted.
SEC. 9. 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.
