Bill Text: CA SB794 | 2015-2016 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child welfare services.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-01 - Chaptered by Secretary of State. Chapter 425, Statutes of 2015. [SB794 Detail]
Download: California-2015-SB794-Enrolled.html
Bill Title: Child welfare services.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-01 - Chaptered by Secretary of State. Chapter 425, Statutes of 2015. [SB794 Detail]
Download: California-2015-SB794-Enrolled.html
BILL NUMBER: SB 794 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN SENATE JUNE 2, 2015
INTRODUCED BY Committee on Human Services (Senators McGuire
(Chair), Berryhill, Hancock, Liu, and Nguyen)
MARCH 3, 2015
An act to amend Section 7950 of the Family Code, to add Section
1522.44 to the Health and Safety Code, to amend Sections 11165.1 and
11166 of the Penal Code, and to amend Sections 309, 362.04, 362.05,
362.1, 366, 366.21, 366.22, 366.25, 366.26, 366.3, 366.31, 706.5,
706.6, 727.2, 727.3, 10618.6, 11386, 16002, 16003, 16118, 16131,
16131.5, 16501, and 16501.1 of, and to add Sections 16501.35,
16501.45, and 16519.51 to, the Welfare and Institutions Code,
relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 794, Committee on Human Services. Child welfare services.
(1) Existing law establishes a system of statewide child welfare
services, administered by the State Department of Social Services and
county child welfare agencies, with the intent that all children are
entitled to be safe and free from abuse and neglect.
This bill would require county child welfare agencies and
probation departments, by September 29, 2016, to implement policies
and procedures to identify, document, and determine appropriate
services for children and youth who are receiving child welfare
services pursuant to federal law and are, or are at risk of becoming,
victims of commercial sexual exploitation. The bill would also
require county child welfare agencies and probation departments to
develop and implement specific protocols to expeditiously locate any
child missing from foster care, as specified. By imposing these
requirements on county agencies, this bill would impose a
state-mandated local program.
(2) Under existing law, a county social worker develops a case
plan that, among other things, identifies the child welfare services
that will be provided to a minor or nonminor dependent. Existing law
requires the county child welfare agency to give the child a
meaningful opportunity to participate in the development of the case
plan.
This bill would require county child welfare agencies to develop
case plans for youth 14 years of age or older and nonminor dependents
in consultation with the youth, and would authorize each youth to
choose up to 2 members of the case planning team, as specified. The
bill would require that case plans for these youth include a
description of specified rights and entitlements, as well as an
acknowledgment signed by each youth that he or she was provided with
this information. The bill would also require the case plan for a
child or nonminor dependent who is, or who is at risk of becoming,
the victim of commercial sexual exploitation, to document the
services provided to address that issue. By imposing these case
planning requirements on county child welfare agencies, this bill
would impose a state-mandated local program.
(3) Existing law requires a caregiver of a dependent child to use
a reasonable and prudent parent standard in determining whether to
give permission for a child residing in foster care to participate in
extracurricular, enrichment, and social activities.
This bill would require that training for various categories of
caregivers include knowledge and skills relating to the reasonable
and prudent parent standard for participation in age or
developmentally appropriate activities. The bill would also require
each licensed community care facility that provides care and
supervision to children, except licensed foster family homes and
certified family homes, to designate at least one onsite staff member
to apply the reasonable and prudent parent standard to decisions
involving the participation of the child in age or developmentally
appropriate activities. To the extent this bill would impose foster
parent training requirements on counties, the bill would impose a
state-mandated local program.
(4) Existing law requires a county welfare department, county
probation department, or the State Department of Social Services to
annually obtain a credit report, as specified, for a child in foster
care who is 16 years of age or older.
This bill would require that these services be provided to a child
in foster care who is 14 years of age or older. By increasing the
level of service provided by counties, the bill would impose a
state-mandated local program.
(5) Existing law requires the State Department of Social Services
to implement a statewide Child Welfare Services/Case Management
System to effectively administer and evaluate the state's child
welfare services and foster care programs.
This bill would require the department to ensure that the Child
Welfare Services/Case Management System is capable of collecting
specified information relating to the number of foster children who
are, or are at risk of becoming, victims of commercial sexual
exploitation.
(6) The Child Abuse and Neglect Reporting Act makes certain
persons mandated reporters, and requires those persons to report to a
police department, sheriff's department, county probation
department, or the county welfare department whenever he or she knows
or reasonably suspects that a child has been the victim of child
abuse or neglect, as specified. Existing law requires the county
probation or welfare department to immediately, or as soon as
practicably possible, report to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases of child abuse and neglect, and to the
district attorney's office every known or suspected instance of child
abuse or neglect.
This bill would additionally require the county probation or
welfare department to immediately, or in no case later than 24 hours
from receipt of the information, report to the law enforcement agency
having jurisdiction over the case any known or suspected instance of
child abuse involving an allegation of commercial sexual
exploitation, as defined, of a child or youth receiving child welfare
services. The bill would also require the county probation or
welfare department to make a report to the appropriate law
enforcement authority for entry into the National Crime Information
Center database of the Federal Bureau of Investigation and to the
National Center for Missing and Exploited Children within 24 hours of
becoming aware that a child or youth who is receiving child welfare
services and who is known or suspected to be the victim of commercial
sexual exploitation is missing or has been abducted. By increasing
the duties of county probation and welfare departments, this bill
would impose a state-mandated local program.
(7) Existing law establishes the Adoption Assistance Program for
the purpose of benefiting children residing in foster homes by
providing the stability and security of permanent homes. Existing law
requires that any savings realized from the change in federal
funding for adoption assistance resulting from the enactment of the
federal Fostering Connections to Success and Increasing Adoptions Act
of 2008 be spent for the provision of foster care and adoption
services.
This bill would require that at least 30% of that savings be spent
on postadoption services, postguardianship services, and services to
support and sustain positive permanent outcomes for children who
might enter foster care, as specified.
(8) The Kinship Guardianship Assistance Payment (Kin-GAP) Program
provides financial assistance to children who are eligible for foster
care maintenance payments and are placed in legal guardianship with
a relative. Under existing law, termination of the guardianship
terminates eligibility for Kin-GAP, unless an alternate kinship
guardian or coguardian is appointed, as provided.
This bill would instead provide that if a successor kinship
guardian is appointed, the successor guardian is entitled to receive
Kin-GAP on behalf of the child if the reason for the appointment is
the death or incapacity of the kinship guardian and the successor
guardian is named in the kinship guardianship assistance agreement.
(9) Existing federal law, the Adoption and Safe Families Act of
1997, among other provisions, establishes a permanent placement
option for older children as an alternative to long-term foster care,
referred to in the act as "another planned permanent living
arrangement" (APPLA). Existing law declares the intent of the
Legislature to conform state law to the federal act, as specified.
This bill would revise various provisions relating to foster care
and the placement of dependent children and wards of the juvenile
court, to delete references to long-term foster care and to provide a
minor 16 years of age and older, under certain circumstances, with
another planned permanent living arrangement, as prescribed. The bill
would require the court conducting the permanency hearing to make
specified findings in this regard. The bill also would impose
additional requirements on the county social worker or probation
officer preparing the case plan and the social study required for
children and nonminor dependents placed in another planned permanent
living arrangement, as defined. By imposing new duties on county
social workers and probation officers, the bill would impose a
state-mandated local program.
(10) This bill would incorporate additional changes proposed by AB
403, SB 68, and SB 238, which would become operative only if this
bill is chaptered last.
(11) 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7950 of the Family Code is amended to read:
7950. (a) With full consideration for the proximity of the
natural parents to the placement so as to facilitate visitation and
family reunification, when a placement in foster care is being made,
the following considerations shall be used:
(1) Placement shall, if possible, be made in the home of a
relative, unless the placement would not be in the best interest of
the child. Diligent efforts shall be made by an agency or entity to
which this subdivision applies, to locate an appropriate relative, as
defined in paragraph (2) of subdivision (f) of Section 319 of the
Welfare and Institutions Code. At any permanency hearing in which the
court terminates reunification services, or at any postpermanency
hearing for a child not placed for adoption, the court shall find
that the agency or entity to which this subdivision applies has made
diligent efforts to locate an appropriate relative and that each
relative whose name has been submitted to the agency or entity as a
possible caretaker, either by himself or herself or by other persons,
has been evaluated as an appropriate placement resource.
(2) No agency or entity that receives any state assistance and is
involved in foster care placements may do either of the following:
(A) Deny to any person the opportunity to become a foster parent
on the basis of the race, color, or national origin of the person or
the child involved.
(B) Delay or deny the placement of a child into foster care on the
basis of the race, color, or national origin of the foster parent or
the child involved.
(b) Subdivision (a) shall not be construed to affect the
application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec.
1901 et seq.).
(c) Nothing in this section precludes a search for an appropriate
relative being conducted simultaneously with a search for a foster
family.
SEC. 2. Section 1522.44 is added to the Health and Safety Code, to
read:
1522.44. (a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision (c)
of Section 362.05 of the Welfare and Institutions Code.
(b) Except for licensed foster family homes and certified family
homes, each licensed community care facility that provides care and
supervision to children and operates with staff shall designate at
least one onsite staff member to apply the reasonable and prudent
parent standard to decisions involving the participation of a child
who is placed in the facility in age or developmentally appropriate
activities in accordance with the requirements of Section 362.05 of
the Welfare and Institutions Code, Section 671(a)(10) of Title 42 of
the United States Code, and the regulations adopted by the department
pursuant to this chapter.
(c) A licensed and certified foster parent or facility staff
member, as described in subdivision (b), shall receive training
related to the reasonable and prudent parent standard that is
consistent with Section 671(a)(24) of Title 42 of the United States
Code. This training shall include knowledge and skills relating to
the reasonable and prudent parent standard for the participation of
the child in age or developmentally appropriate activities, including
knowledge and skills relating to the developmental stages of the
cognitive, emotional, physical, and behavioral capacities of a child,
and knowledge and skills relating to applying the standard to
decisions such as whether to allow the child to engage in
extracurricular, enrichment, cultural, and social activities,
including sports, field trips, and overnight activities lasting one
or more days, and to decisions involving the signing of permission
slips and arranging of transportation for the child to and from
extracurricular, enrichment, and social activities.
(d) This section does not apply to runaway and homeless youth
shelters as defined in paragraph (14) of subdivision (a) of Section
1502.
SEC. 3. Section 11165.1 of the Penal Code is amended to read:
11165.1. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), Section 264.1 (rape in concert),
Section 285 (incest), Section 286 (sodomy), subdivision (a) or (b),
or paragraph (1) of subdivision (c) of Section 288 (lewd or
lascivious acts upon a child), Section 288a (oral copulation),
Section 289 (sexual penetration), or Section 647.6 (child
molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Penetration, however slight, of the vagina or anal opening of
one person by the penis of another person, whether or not there is
the emission of semen.
(2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and
buttocks, or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child's welfare, who knowingly permits or encourages a child
to engage in, or assist others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either pose or
model alone or with others for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction, involving obscene sexual conduct. For the purpose of this
section, "person responsible for a child's welfare" means a parent,
guardian, foster parent, or a licensed administrator or employee of a
public or private residential home, residential school, or other
residential institution.
(3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, downloads, streams, accesses through any
electronic or digital media, or exchanges, a film, photograph,
videotape, video recording, negative, or slide in which a child is
engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other
persons described in subdivisions (c) and (e) of Section 311.3.
(d) "Commercial sexual exploitation" refers to either of the
following:
(1) The sexual trafficking of a child, as described in subdivision
(c) of Section 236.1.
(2) The provision of food, shelter, or payment to a child in
exchange for the performance of any sexual act described in this
section or subdivision (c) of Section 236.1.
SEC. 4. Section 11166 of the Penal Code is amended to read:
11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
by telephone to the agency immediately or as soon as is practicably
possible, and shall prepare and send, fax, or electronically transmit
a written followup report within 36 hours of receiving the
information concerning the incident. The mandated reporter may
include with the report any nonprivileged documentary evidence the
mandated reporter possesses relating to the incident.
(1) For purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. "Reasonable suspicion"
does not require certainty that child abuse or neglect has occurred
nor does it require a specific medical indication of child abuse or
neglect; any "reasonable suspicion" is sufficient. For purposes of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section
shall be known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately
or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the State
Department of Social Services that reflects the data collected from
automated one-time reports indicating the reasons stated as to why
the automated one-time report was filed in lieu of the initial
telephone report.
(5) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse and that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) (1) A commercial film, photographic print, or image processor
who has knowledge of or observes, within the scope of his or her
professional capacity or employment, any film, photograph, videotape,
negative, slide, or any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disc,
computer hardware, computer software, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or
computer-generated image depicting a child under 16 years of age
engaged in an act of sexual conduct, shall, immediately or as soon as
practicably possible, telephonically report the instance of
suspected abuse to the law enforcement agency located in the county
in which the images are seen. Within 36 hours of receiving the
information concerning the incident, the reporter shall prepare and
send, fax, or electronically transmit a written followup report of
the incident with a copy of the image or material attached.
(2) A commercial computer technician who has knowledge of or
observes, within the scope of his or her professional capacity or
employment, any representation of information, data, or an image,
including, but not limited to, any computer hardware, computer
software, computer file, computer floppy disk, data storage medium,
CD-ROM, computer-generated equipment, or computer-generated image
that is retrievable in perceivable form and that is intentionally
saved, transmitted, or organized on an electronic medium, depicting a
child under 16 years of age engaged in an act of sexual conduct,
shall immediately, or as soon as practicably possible, telephonically
report the instance of suspected abuse to the law enforcement agency
located in the county in which the images or materials are seen. As
soon as practicably possible after receiving the information
concerning the incident, the reporter shall prepare and send, fax, or
electronically transmit a written followup report of the incident
with a brief description of the images or materials.
(3) For purposes of this article, "commercial computer technician"
includes an employee designated by an employer to receive reports
pursuant to an established reporting process authorized by
subparagraph (B) of paragraph (43) of subdivision (a) of Section
11165.7.
(4) As used in this subdivision, "electronic medium" includes, but
is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other computer
hardware or media.
(5) As used in this subdivision, "sexual conduct" means any of the
following:
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the
viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of a person
for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) (1) A county probation or welfare department shall
immediately, or as soon as practicably possible, report by telephone,
fax, or electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child that relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(2) A county probation or welfare department shall immediately,
and in no case in more than 24 hours, report to the law enforcement
agency having jurisdiction over the case after receiving information
that a child or youth who is receiving child welfare services has
been identified as the victim of commercial sexual exploitation, as
defined in subdivision (d) of Section 11165.1.
(3) When a child or youth who is receiving child welfare services
and who is reasonably believed to be the victim of, or is at risk of
being the victim of, commercial sexual exploitation, as defined in
Section 11165.1, is missing or has been abducted, the county
probation or welfare department shall immediately, or in no case
later than 24 hours from receipt of the information, report the
incident to the appropriate law enforcement authority for entry into
the National Crime Information Center database of the Federal Bureau
of Investigation and to the National Center for Missing and Exploited
Children.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
SEC. 5. Section 309 of the Welfare and Institutions Code is
amended to read:
309. (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services. The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative, regardless of the parent's, guardian's, or
relative's immigration status, unless one or more of the following
conditions exist:
(1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
(2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(4) The child has left a placement in which he or she was placed
by the juvenile court.
(5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician and surgeon or the medical facility.
(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
(d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, or after the
detention hearing and pending the dispositional hearing conducted
pursuant to Section 358, the county welfare department shall initiate
an assessment of the relative's or nonrelative extended family
member's suitability, which shall include an in-home inspection to
assess the safety of the home and the ability of the relative or
nonrelative extended family member to care for the child's needs, and
a consideration of the results of a criminal records check conducted
pursuant to subdivision (a) of Section 16504.5 and a check of
allegations of prior child abuse or neglect concerning the relative
or nonrelative extended family member and other adults in the home. A
relative's identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance check
under this subdivision. Upon completion of this assessment, the child
may be placed in the assessed home. For purposes of this paragraph,
and except for the criminal records check conducted pursuant to
subdivision (a) of Section 16504.5, the standards
used to determine suitability shall be the
same standards set forth in the regulations for the licensing of
foster family homes.
(2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
(3) To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security Act
(42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended
family member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation's criminal history
information for the relative or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative or nonrelative extended family member, and each adult in the
home, has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(4) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
for which the Director of Social Services may grant an exemption
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county based on substantial and convincing evidence to
support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child.
(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, parents of a sibling of the child, if the parent has
legal custody of the sibling, adult siblings, and other adult
relatives of the child, as defined in paragraph (2) of subdivision
(f) of Section 319, including any other adult relatives suggested by
the parents. As used in this section, "sibling" means a person
related to the identified child by blood, adoption, or affinity
through a common legal or biological parent. The social worker shall
provide to all adult relatives who are located, except when that
relative's history of family or domestic violence makes notification
inappropriate, within 30 days of removal of the child, written
notification and shall also, whenever appropriate, provide oral
notification, in person or by telephone, of all the following
information:
(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.
(B) An explanation of the various options to participate in the
care and placement of the child and support for the child's family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a foster
family home or approved relative or nonrelative extended family
member as defined in Section 362.7, and additional services and
support that are available in out-of-home placements. The notice
shall also include information regarding the Kin-GAP Program (Article
4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9), the CalWORKs program for approved relative caregivers
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9),
adoption, and adoption assistance (Chapter 2.1 (commencing with
Section 16115) of Part 4 of Division 9), as well as other options for
contact with the child, including, but not limited to, visitation.
The State Department of Social Services, in consultation with the
County Welfare Directors Association of California and other
interested stakeholders, shall develop the written notice.
(2) The social worker shall also provide the adult relatives
notified pursuant to paragraph (1) with a relative information form
to provide information to the social worker and the court regarding
the needs of the child. The form shall include a provision whereby
the relative may request the permission of the court to address the
court, if the relative so chooses. The Judicial Council, in
consultation with the State Department of Social Services and the
County Welfare Directors Association of California, shall develop the
form.
(3) The social worker shall use due diligence in investigating the
names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child's best interest, and obtaining information regarding the
location of the child's adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents or
guardians may identify themselves to the county welfare department
and be provided with the notices required by paragraphs (1) and (2).
SEC. 6. Section 362.04 of the Welfare and Institutions Code is
amended to read:
362.04. (a) For purposes of this section:
(1) "Caregiver" means any licensed certified foster parent,
approved relative caregiver, or approved nonrelative extended family
member, or approved resource family.
(2) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" has the meaning set forth in subdivision (c) of
Section 362.05.
(3) "Short term" means no more than 24 consecutive hours.
(b) Every caregiver may arrange for occasional short-term
babysitting of their foster child and allow individuals to supervise
the foster child for the purposes set forth in Section 362.05, or on
occasions, including, but not limited to, when the foster parent has
a medical or other health care appointment, grocery or other
shopping, personal grooming appointments, special occasions for the
foster parents, foster parent training classes, school-related
meetings (such as parent-teacher conferences), business meetings,
adult social gatherings, or an occasional evening out by the foster
parent.
(c) Caregivers shall use a reasonable and prudent parent standard
in determining and selecting appropriate babysitters for occasional
short-term use.
(d) The caregiver shall endeavor to provide the babysitter with
the following information before leaving the child for purposes of
short-term care:
(1) Information about the child's emotional, behavioral, medical,
or physical conditions, if any, necessary to provide care for the
child during the time the foster child is being supervised by the
babysitter.
(2) Any medication that should be administered to the foster child
during the time the foster child is being supervised by the
babysitter.
(3) Emergency contact information that is valid during the time
the foster child is being supervised by the babysitter.
(e) Babysitters selected by the caregiver to provide occasional
short-term care to a foster child under the provisions of this
section shall be exempt from any department regulation requiring
health screening or cardiopulmonary resuscitation certification or
training.
(f) Each state and local entity shall ensure that private agencies
that provide foster care services to dependent children have
policies consistent with this section. Policies that are not
consistent with this section include those that are incompatible
with, contradictory to, or more restrictive than this section.
SEC. 7. Section 362.05 of the Welfare and Institutions Code is
amended to read:
362.05. (a) (1) Every child adjudged a dependent child of the
juvenile court shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
dependent children have policies consistent with this section and
that those agencies promote and protect the ability of dependent
children to participate in age-appropriate extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a
caregiver, as defined in paragraph (1) of subdivision (a) of Section
362.04, shall use a reasonable and prudent parent standard in
determining whether to give permission for a child residing in foster
care to participate in extracurricular, enrichment, and social
activities. A group home administrator, a facility manager, or his or
her responsible designee, and a caregiver shall take reasonable
steps to determine the appropriateness of the activity in
consideration of the child's age, maturity, and developmental level.
(2) Training for caregivers shall include knowledge and skills
relating to the reasonable and prudent parent standard for the
participation of the child in age or developmentally appropriate
activities, consistent with this section and Section 671(a)(24) of
Title 42 of the United States Code.
(b) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
(c) (1) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" means the standard characterized by careful and
sensible parental decisions that maintain the health, safety, and
best interests of a child while at the same time encouraging the
emotional and developmental growth of the child, that a caregiver
shall use when determining whether to allow a child in foster care
under the responsibility of the state to participate in age or
developmentally appropriate extracurricular, enrichment, cultural,
and social activities.
(2) The term "age or developmentally appropriate" means both of
the following:
(A) Activities or items that are generally accepted as suitable
for children of the same chronological age or level of maturity or
that are determined to be developmentally appropriate for a child,
based on the development of cognitive, emotional, physical, and
behavioral capacities that are typical for an age or age group.
(B) In the case of a specific child, activities or items that are
suitable for the child based on the developmental stages attained by
the child with respect to the cognitive, emotional, physical, and
behavioral capacities of the child.
SEC. 8. 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 person related to
the identified child by blood, adoption, or affinity through a common
legal or biological parent.
SEC. 9. 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 a child 16 years of age
or older with another planned permanent living arrangement, the
ongoing and intensive 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, tribal customary adoption in the case of an Indian child,
legal guardianship, placed with a fit and willing relative, 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 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. 10. Section 366.21 of the Welfare and Institutions Code is
amended to read:
366.21. (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
(b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described in
subdivision (e) relating to the child's sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide the
parent or legal guardian, counsel for the child, and any
court-appointed child advocate with a copy of the report, including
his or her recommendation for disposition, at least 10 calendar days
prior to the hearing. In the case of a child removed from the
physical custody of his or her parent or legal guardian, the social
worker shall, at least 10 calendar days prior to the hearing, provide
a summary of his or her recommendation for disposition to any foster
parents, relative caregivers, and certified foster parents who have
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
(d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, the
facility or agency shall file with the court a report, or a Judicial
Council Caregiver Information Form (JV-290), containing its
recommendation for disposition. Prior to the hearing involving a
child in the physical custody of a foster parent, a relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a county adoption agency, the foster
parent, relative caregiver, or the certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, may file with the court a report containing his or her
recommendation for disposition. The court shall consider the report
and recommendation filed pursuant to this subdivision prior to
determining any disposition.
(e) (1) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, after considering the admissible and relevant
evidence, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The court shall also consider
whether the child can be returned to the custody of his or her parent
who is enrolled in a certified substance abuse treatment facility
that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental. In making
its determination, the court shall review and consider the social
worker's report and recommendations and the report and
recommendations of any child advocate appointed pursuant to Section
356.5; and shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself to services provided, taking
into account the particular barriers to an incarcerated,
institutionalized, detained, or deported parent's or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child.
(2) Regardless of whether the child is returned to a parent or
legal guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
(3) If the child was under three years of age on the date of the
initial removal, or is a member of a sibling group described in
subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, and the court finds by clear and convincing evidence that the
parent failed to participate regularly and make substantive progress
in a court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under three years of age on the date of initial removal or is a
member of a sibling group described in subparagraph (C) of paragraph
(1) of subdivision (a) of Section 361.5, may be returned to his or
her parent or legal guardian within six months or that reasonable
services have not been provided, the court shall continue the case to
the 12-month permanency hearing.
(4) For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, shall review and
consider the social worker's report and recommendations. Factors the
report shall address, and the court shall consider, may include, but
need not be limited to, whether the sibling group was removed from
parental care as a group, the closeness and strength of the sibling
bond, the ages of the siblings, the appropriateness of maintaining
the sibling group together, the detriment to the child if sibling
ties are not maintained, the likelihood of finding a permanent home
for the sibling group, whether the sibling group is currently placed
together in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interests of each child in the sibling group. The court
shall specify the factual basis for its finding that it is in the
best interests of each child to schedule a hearing pursuant to
Section 366.26 within 120 days for some or all of the members of the
sibling group.
(5) If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. The court shall
take into account any particular barriers to a parent's ability to
maintain contact with his or her child due to the parent's
incarceration, institutionalization, detention by the United States
Department of Homeland Security, or deportation. If the court finds
by clear and convincing evidence that the parent has been convicted
of a felony indicating parental unfitness, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.
(6) If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
(7) In all other cases, the court shall direct that any
reunification services previously ordered shall continue to be
offered to the parent or legal guardian pursuant to the time periods
set forth in subdivision (a) of Section 361.5, provided that the
court may modify the terms and conditions of those services.
(8) If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
(f) (1) The permanency hearing shall be held no later than 12
months after the date the child entered foster care, as that date is
determined pursuant to Section 361.49. At the permanency hearing, the
court shall determine the permanent plan for the child, which shall
include a determination of whether the child will be returned to the
child's home and, if so, when, within the time limits of subdivision
(a) of Section 361.5. After considering the relevant and admissible
evidence, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment.
(A) At the permanency hearing, the court shall consider the
criminal history, obtained pursuant to paragraph (1) of subdivision
(f) of Section 16504.5, of the parent or legal guardian subsequent to
the child's removal to the extent that the criminal record is
substantially related to the welfare of the child or the parent's or
legal guardian's ability to exercise custody and control regarding
his or her child, provided that the parent or legal guardian agreed
to submit fingerprint images to obtain criminal history information
as part of the case plan. The court shall also determine whether
reasonable services that were designed to aid the parent or legal
guardian to overcome the problems that led to the initial removal and
continued custody of the child have been provided or offered to the
parent or legal guardian.
(B) The court shall also consider whether the child can be
returned to the custody of his or her parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental.
(C) In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5, shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided, taking
into account the particular barriers to an incarcerated,
institutionalized, detained, or deported parent's or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child, and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
(D) For each youth 16 years of age and older, the court shall also
determine whether services have been made available to assist him or
her in making the transition from foster care to successful
adulthood.
(2) Regardless of whether the child is returned to his or her
parent or legal guardian, the court shall specify the factual basis
for its decision. If the child is not returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental. The court also shall
make a finding pursuant to subdivision (a) of Section 366. If the
child is not returned to his or her parent or legal guardian, the
court shall consider, and state for the record, in-state and
out-of-state placement options. If the child is placed out of the
state, the court shall make a determination whether the out-of-state
placement continues to be appropriate and in the best interests of
the child.
(g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in
subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of
Section 361.5, as appropriate, and a child is not returned to the
custody of a parent or legal guardian at the permanency hearing held
pursuant to subdivision (f), the court shall do one of the following:
(1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
(A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
(C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
(i) For purposes of this subdivision, the court's decision to
continue the case based on a finding or substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian is a compelling reason for determining that
a hearing held pursuant to Section 366.26 is not in the best
interests of the child.
(ii) The court shall inform the parent or legal guardian that if
the child cannot be returned home by the next permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court shall not order that a hearing pursuant to Section 366.26
be held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(2) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian, if the parent has been arrested
and issued an immigration hold, detained by the United States
Department of Homeland Security, or deported to his or her country of
origin, and the court determines either that there is a substantial
probability that the child will be returned to the physical custody
of his or her parent or legal guardian and safely maintained in the
home within the extended period of time or that reasonable services
have not been provided to the parent or legal guardian.
(3) For purposes of paragraph (2), in order to find a substantial
probability that the child will be returned to the physical custody
of his or her parent or legal guardian and safely maintained in the
home within the extended period of time, the court shall find all of
the following:
(A) The parent or legal guardian has consistently and regularly
contacted and visited with the child, taking into account any
particular barriers to a parent's ability to maintain contact with
his or her child due to the parent's arrest and receipt of an
immigration hold, detention by the United States Department of
Homeland Security, or deportation.
(B) The parent or legal guardian has made significant progress in
resolving the problems that led to the child's removal from the home.
(C) The parent or legal guardian has demonstrated the capacity or
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
(4) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians. 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.
(5) Order that the child remain in foster care, but only if the
court finds by clear and convincing evidence, based upon the evidence
already presented to it, including a recommendation by the State
Department of Social Services when it is acting as an adoption agency
or by a county adoption agency, that there is a compelling reason
for determining that a hearing held pursuant to Section 366.26 is not
in the best interests of the child because the child is not a proper
subject for adoption and has no one willing to accept legal
guardianship as of the hearing date. For purposes of this section, a
recommendation by the State Department of Social Services when it is
acting as an adoption agency or by a county adoption agency that
adoption is not in the best interests of the child shall constitute a
compelling reason for the court's determination. That recommendation
shall be based on the present circumstances of the child and shall
not preclude a different recommendation at a later date if the child'
s circumstances change. 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. The court
may order that a nonminor dependent who otherwise is eligible
pursuant to Section 11403 remain in a planned, permanent living
arrangement.
(A) The court shall make factual findings identifying any barriers
to achieving the permanent plan as of the hearing date. When the
child is under 16 years of age, the court shall order a permanent
plan of return home, adoption, tribal customary adoption in the case
of an Indian child, legal guardianship, or placement with a fit and
willing relative, as appropriate. When the child is 16 years of age
or older, or is a nonminor dependent, and no other permanent plan is
appropriate at the time of the hearing, the court may order another
planned permanent living arrangement, as described in paragraph (2)
of subdivision (i) of Section 16501.
(B) If the court orders that a child who is 10 years of age or
older remain in foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
(C) If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
(h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests. When the court
orders a termination of reunification services to the parent or
legal guardian, it shall also order that the child's caregiver
receive the child's birth certificate in accordance with Sections
16010.4 and 16010.5. Additionally, when the court orders a
termination of reunification services to the parent or legal
guardian, it shall order, when appropriate, that a child who is 16
years of age or older receive his or her birth certificate.
(i) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including, when, in consultation with the child's tribe,
tribal customary adoption is recommended, shall be held, it 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 that shall include:
(A) Current search efforts for an absent parent or parents or
legal guardians.
(B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
(G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(H) In the case of an Indian child, in addition to subparagraphs
(A) to (G), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency options
of guardianship and adoption, including the long-term benefits and
consequences of each option, prior to establishing legal guardianship
or pursuing adoption. If the proposed permanent plan is guardianship
with an approved relative caregiver for a minor eligible for aid
under the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, the
relative caregiver shall be informed about the terms and conditions
of the negotiated agreement pursuant to Section 11387 and shall agree
to its execution prior to the hearing held pursuant to Section
366.26. A copy of the executed negotiated agreement shall be attached
to the assessment.
(j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
(l) For purposes of this section, evidence of any of the following
circumstances may not, in and of itself, be deemed a failure to
provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
SEC. 10.5. Section 366.21 of the Welfare and Institutions Code is
amended to read:
366.21. (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
(b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described in
subdivision (e) relating to the child's sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide the
parent or legal guardian, counsel for the child, and any
court-appointed child advocate with a copy of the report,
including his or her
recommendation for disposition, at least 10 calendar days prior to
the hearing. In the case of a child removed from the physical custody
of his or her parent or legal guardian, the social worker shall, at
least 10 calendar days prior to the hearing, provide a summary of his
or her recommendation for disposition to any foster parents,
relative caregivers, and certified foster parents who have been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a county adoption agency,
community care facility, or foster family agency having the physical
custody of the child. The social worker shall include a copy of the
Judicial Council Caregiver Information Form (JV-290) with the summary
of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
(d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, the
facility or agency shall file with the court a report, or a Judicial
Council Caregiver Information Form (JV-290), containing its
recommendation for disposition. Prior to the hearing involving a
child in the physical custody of a foster parent, a relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a county adoption agency, the foster
parent, relative caregiver, or the certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, may file with the court a report containing his or her
recommendation for disposition. The court shall consider the report
and recommendation filed pursuant to this subdivision prior to
determining any disposition.
(e) (1) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, after considering the admissible and relevant
evidence, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The court shall also consider
whether the child can be returned to the custody of his or her parent
who is enrolled in a certified substance abuse treatment facility
that allows a dependent child to reside with his or her parent. The
fact that the parent is enrolled in a certified substance abuse
treatment facility shall not be, for that reason alone, prima facie
evidence of detriment. The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would
be detrimental. In making its determination, the court shall review
and consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5; and shall consider the efforts or progress, or
both, demonstrated by the parent or legal guardian and the extent to
which he or she availed himself or herself of services provided,
taking into account the particular barriers to a minor parent or a
nonminor dependent parent, or an incarcerated, institutionalized,
detained, or deported parent's or legal guardian's access to those
court-mandated services and ability to maintain contact with his or
her child.
(2) Regardless of whether the child is returned to a parent or
legal guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
(3) If the child was under three years of age on the date of the
initial removal, or is a member of a sibling group described in
subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, and the court finds by clear and convincing evidence that the
parent failed to participate regularly and make substantive progress
in a court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under three years of age on the date of initial removal or is a
member of a sibling group described in subparagraph (C) of paragraph
(1) of subdivision (a) of Section 361.5, may be returned to his or
her parent or legal guardian within six months or that reasonable
services have not been provided, the court shall continue the case to
the 12-month permanency hearing.
(4) For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, shall review and
consider the social worker's report and recommendations. Factors the
report shall address, and the court shall consider, may include, but
need not be limited to, whether the sibling group was removed from
parental care as a group, the closeness and strength of the sibling
bond, the ages of the siblings, the appropriateness of maintaining
the sibling group together, the detriment to the child if sibling
ties are not maintained, the likelihood of finding a permanent home
for the sibling group, whether the sibling group is currently placed
together in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interests of each child in the sibling group. The court
shall specify the factual basis for its finding that it is in the
best interests of each child to schedule a hearing pursuant to
Section 366.26 within 120 days for some or all of the members of the
sibling group.
(5) If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. The court shall
take into account any particular barriers to a parent's ability to
maintain contact with his or her child due to the parent's
incarceration, institutionalization, detention by the United States
Department of Homeland Security, or deportation. If the court finds
by clear and convincing evidence that the parent has been convicted
of a felony indicating parental unfitness, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.
(6) If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
(7) In all other cases, the court shall direct that any
reunification services previously ordered shall continue to be
offered to the parent or legal guardian pursuant to the time periods
set forth in subdivision (a) of Section 361.5, provided that the
court may modify the terms and conditions of those services.
(8) If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
(f) (1) The permanency hearing shall be held no later than 12
months after the date the child entered foster care, as that date is
determined pursuant to Section 361.49. At the permanency hearing, the
court shall determine the permanent plan for the child, which shall
include a determination of whether the child will be returned to the
child's home and, if so, when, within the time limits of subdivision
(a) of Section 361.5. After considering the relevant and admissible
evidence, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment.
(A) At the permanency hearing, the court shall consider the
criminal history, obtained pursuant to paragraph (1) of subdivision
(f) of Section 16504.5, of the parent or legal guardian subsequent to
the child's removal to the extent that the criminal record is
substantially related to the welfare of the child or the parent's or
legal guardian's ability to exercise custody and control regarding
his or her child, provided that the parent or legal guardian agreed
to submit fingerprint images to obtain criminal history information
as part of the case plan. The court shall also determine whether
reasonable services that were designed to aid the parent or legal
guardian to overcome the problems that led to the initial removal and
continued custody of the child have been provided or offered to the
parent or legal guardian.
(B) The court shall also consider whether the child can be
returned to the custody of his or her parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental.
(C) In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5, shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided, taking
into account the particular barriers to a minor parent or a nonminor
dependent parent, or an incarcerated, institutionalized, detained, or
deported parent's or legal guardian's access to those court-mandated
services and ability to maintain contact with his or her child, and
shall make appropriate findings pursuant to subdivision (a) of
Section 366.
(D) For each youth 16 years of age and older, the court shall also
determine whether services have been made available to assist him or
her in making the transition from foster care to successful
adulthood.
(2) Regardless of whether the child is returned to his or her
parent or legal guardian, the court shall specify the factual basis
for its decision. If the child is not returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental. The court also shall
make a finding pursuant to subdivision (a) of Section 366. If the
child is not returned to his or her parent or legal guardian, the
court shall consider, and state for the record, in-state and
out-of-state placement options. If the child is placed out of the
state, the court shall make a determination whether the out-of-state
placement continues to be appropriate and in the best interests of
the child.
(g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in
subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of
Section 361.5, as appropriate, and a child is not returned to the
custody of a parent or legal guardian at the permanency hearing held
pursuant to subdivision (f), the court shall do one of the following:
(1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
(A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
(C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
For
(i) For purposes of this subdivision, the court's decision to
continue the case based on a finding or substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian is a compelling reason for determining that
a hearing held pursuant to Section 366.26 is not in the best
interests of the child.
(ii) The court shall inform the parent or legal guardian that if
the child cannot be returned home by the next permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court shall not order that a hearing pursuant to Section 366.26
be held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(2) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian, if the parent has been arrested
and issued an immigration hold, detained by the United States
Department of Homeland Security, or deported to his or her country of
origin, and the court determines either that there is a substantial
probability that the child will be returned to the physical custody
of his or her parent or legal guardian and safely maintained in the
home within the extended period of time or that reasonable services
have not been provided to the parent or legal guardian.
(3) For purposes of paragraph (2), in order to find a substantial
probability that the child will be returned to the physical custody
of his or her parent or legal guardian and safely maintained in the
home within the extended period of time, the court shall find all of
the following:
(A) The parent or legal guardian has consistently and regularly
contacted and visited with the child, taking into account any
particular barriers to a parent's ability to maintain contact with
his or her child due to the parent's arrest and receipt of an
immigration hold, detention by the United States Department of
Homeland Security, or deportation.
(B) The parent or legal guardian has made significant progress in
resolving the problems that led to the child's removal from the home.
(C) The parent or legal guardian has demonstrated the capacity or
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
(4) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians. 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.
(5) Order that the child remain in foster care, but only if the
court finds by clear and convincing evidence, based upon the evidence
already presented to it, including a recommendation by the State
Department of Social Services when it is acting as an adoption agency
or by a county adoption agency, that there is a compelling reason
for determining that a hearing held pursuant to Section 366.26 is not
in the best interests of the child because the child is not a proper
subject for adoption and has no one willing to accept legal
guardianship as of the hearing date. For purposes of this section, a
recommendation by the State Department of Social Services when it is
acting as an adoption agency or by a county adoption agency that
adoption is not in the best interests of the child shall constitute a
compelling reason for the court's determination. That recommendation
shall be based on the present circumstances of the child and shall
not preclude a different recommendation at a later date if the child'
s circumstances change. 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. The court
may order that a nonminor dependent who otherwise is eligible
pursuant to Section 11403 remain in a planned, permanent living
arrangement.
(A) The court shall make factual findings identifying any barriers
to achieving the permanent plan as of the hearing date. When the
child is under 16 years of age, the court shall order a permanent
plan of return home, adoption, tribal customary adoption in the case
of an Indian child, legal guardianship, or placement with a fit and
willing relative, as appropriate. When the child is 16 years of age
or older, or is a nonminor dependent, and no other permanent plan is
appropriate at the time of the hearing, the court may order another
planned permanent living arrangement, as described in paragraph (2)
of subdivision (i) of Section 16501.
(B) If the court orders that a child who is 10 years of age or
older remain in foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
(C) If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
(h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests. When the court
orders a termination of reunification services to the parent or
legal guardian, it shall also order that the child's caregiver
receive the child's birth certificate in accordance with Sections
16010.4 and 16010.5. Additionally, when the court orders a
termination of reunification services to the parent or legal
guardian, it shall order, when appropriate, that a child who is 16
years of age or older receive his or her birth certificate.
(i) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including, when, in consultation with the child's tribe,
tribal customary adoption is recommended, shall be held, it 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 that shall include:
(A) Current search efforts for an absent parent or parents or
legal guardians.
(B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
(G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(H) In the case of an Indian child, in addition to subparagraphs
(A) to (G), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency options
of guardianship and adoption, including the long-term benefits and
consequences of each option, prior to establishing legal guardianship
or pursuing adoption. If the proposed permanent plan is guardianship
with an approved relative caregiver for a minor eligible for aid
under the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, the
relative caregiver shall be informed about the terms and conditions
of the negotiated agreement pursuant to Section 11387 and shall agree
to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.
(j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
(l) For purposes of this section, evidence of any of the following
circumstances shall not, in and of itself, be deemed a failure to
provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
SEC. 11. Section 366.22 of the Welfare and Institutions Code is
amended to read:
366.22. (a) (1) When a case has been continued pursuant to
paragraph (1) or (2) of subdivision (g) of Section 366.21, the
permanency review hearing shall occur within 18 months after the date
the child was originally removed from the physical custody of his or
her parent or legal guardian. After considering the admissible and
relevant evidence, the court shall order the return of the child to
the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal, to
the extent that the criminal record is substantially related to the
welfare of the child or the parent's or legal guardian's ability to
exercise custody and control regarding his or her child, provided
that the parent or legal guardian agreed to submit fingerprint images
to obtain criminal history information as part of the case plan. The
court shall also consider whether the child can be returned to the
custody of his or her parent who is enrolled in a certified substance
abuse treatment facility that allows a dependent child to reside
with his or her parent. The fact that the parent is enrolled in a
certified substance abuse treatment facility shall not be, for that
reason alone, prima facie evidence of detriment. The failure of the
parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided, taking into account the particular
barriers of an incarcerated or institutionalized parent's or legal
guardian's access to those court-mandated services and ability to
maintain contact with his or her child; and shall make appropriate
findings pursuant to subdivision (a) of Section 366.
(2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
(3) Unless the conditions in subdivision (b) are met and the child
is not returned to a parent or legal guardian at the permanency
review hearing, the court shall order that a hearing be held pursuant
to Section 366.26 in order to determine whether adoption, or, in the
case of an Indian child, in consultation with the child's tribe,
tribal customary adoption, guardianship, or continued placement in
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. However, if the court finds by
clear and convincing evidence, based on the evidence already
presented to it, including a recommendation by the State Department
of Social Services when it is acting as an adoption agency or by a
county adoption agency, that there is a compelling reason, as
described in paragraph (5) of subdivision (g) of Section 366.21, for
determining that a hearing held under Section 366.26 is not in the
best interests of the child because the child is not a proper subject
for adoption and has no one willing to accept legal guardianship as
of the hearing date, the court may, only under these circumstances,
order that the child remain in foster care with a permanent plan of
return home, adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative, as appropriate. If the child is 16 years of age or older
or is a nonminor dependent, and no other permanent plan is
appropriate at the time of the hearing, the court may order another
planned permanent living arrangement, as described in paragraph (2)
of subdivision (i) of Section 16501. The court shall make factual
findings identifying any barriers to achieving the permanent plan as
of the hearing date. 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. The court
may order that a nonminor dependent who otherwise is eligible
pursuant to Section 11403 remain in a planned, permanent living
arrangement. If the court orders that a child who is 10 years of age
or older remain in foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the permanency review hearing. The court
shall also order termination of reunification services to the parent
or legal guardian. The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
(A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear and
convincing evidence that the best interests of the child would be met
by the provision of additional reunification services to a parent or
legal guardian who is making significant and consistent progress in
a court-ordered residential substance abuse treatment program, or a
parent recently discharged from incarceration, institutionalization,
or the custody of the United States Department of Homeland Security
and making significant and consistent progress in establishing a safe
home for the child's return, the court may continue the case for up
to six months for a subsequent permanency review hearing, provided
that the hearing shall occur within 24 months of the date the child
was originally taken from the physical custody of his or her parent
or legal guardian. The court shall continue the case only if it finds
that there is a substantial probability that the child will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended period
of time or that reasonable services have not been provided to the
parent or legal guardian. For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or legal guardian and
safely maintained in the home within the extended period of time, the
court shall be required to find all of the following:
(1) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(2) That the parent or legal guardian has made significant and
consistent progress in the prior 18 months in resolving problems that
led to the child's removal from the home.
(3) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her substance
abuse treatment plan as evidenced by reports from a substance abuse
provider as applicable, or complete a treatment plan postdischarge
from incarceration, institutionalization, or detention, or following
deportation to his or her country of origin and his or her return to
the United States, and to provide for the child's safety, protection,
physical and emotional well-being, and special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(c) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including when a tribal customary adoption is recommended,
shall be held, it 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 that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency options
of guardianship and adoption, including the long-term benefits and
consequences of each option, prior to establishing legal guardianship
or pursuing adoption. If the proposed permanent plan is guardianship
with an approved relative caregiver for a minor eligible for aid
under the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, the
relative caregiver shall be informed about the terms and conditions
of the negotiated agreement pursuant to Section 11387 and shall agree
to its execution prior to the hearing held pursuant to Section
366.26. A copy of the executed negotiated agreement shall be attached
to the assessment.
(d) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with an approved relative caregiver, and
juvenile court dependency is subsequently dismissed, the minor shall
be eligible for aid under the Kin-GAP Program, as provided for in
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
(e) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
SEC. 11.5. Section 366.22 of the Welfare and Institutions Code is
amended to read:
366.22. (a) (1) When a case has been continued pursuant to
paragraph (1) or (2) of subdivision (g) of Section 366.21, the
permanency review hearing shall occur within 18 months after the date
the child was originally removed from the physical custody of his or
her parent or legal guardian. After considering the admissible and
relevant evidence, the court shall order the return of the child to
the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal, to
the extent that the criminal record is substantially related to the
welfare of the child or the parent's or legal guardian's ability to
exercise custody and control regarding his or her child, provided
that the parent or legal guardian agreed to submit fingerprint images
to obtain criminal history information as part of the case plan. The
court shall also consider whether the child can be returned to the
custody of his or her parent who is enrolled in a certified substance
abuse treatment facility that allows a dependent child to reside
with his or her parent. The fact that the parent is enrolled in a
certified substance abuse treatment facility shall not be, for that
reason alone, prima facie evidence of detriment. The failure of the
parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided, taking into account the particular
barriers of a minor parent or a nonminor dependent parent, or an
incarcerated or institutionalized parent's or legal guardian's access
to those court-mandated services and ability to maintain contact
with his or her child; and shall make appropriate findings pursuant
to subdivision (a) of Section 366.
(2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
(3) Unless the conditions in subdivision (b) are met and the
child is not returned to a parent or legal guardian at the permanency
review hearing, the court shall order that a hearing be held
pursuant to Section 366.26 in order to determine whether adoption,
or, in the case of an Indian child, in consultation with the child's
tribe, tribal customary adoption, guardianship, or continued
placement in 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. However, if the court finds by
clear and convincing evidence, based on the evidence already
presented to it, including a recommendation by the State Department
of Social Services when it is acting as an adoption agency or by a
county adoption agency, that there is a compelling reason, as
described in paragraph (5) of subdivision (g) of Section 366.21, for
determining that a hearing held under Section 366.26 is not in the
best interests of the child because the child is not a proper subject
for adoption and has no one willing to accept legal guardianship as
of the hearing date, the court may, only under these circumstances,
order that the child remain in foster care with a permanent plan of
return home, adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative, as appropriate. If the child is 16 years of age or older
or is a nonminor dependent, and no other permanent plan is
appropriate at the time of the hearing, the court may order another
planned permanent living arrangement, as described in paragraph (2)
of subdivision (i) of Section 16501. The court shall make factual
findings identifying any barriers to achieving the permanent plan as
of the hearing date. 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. The court
may order that a nonminor dependent who otherwise is eligible
pursuant to Section 11403 remain in a planned, permanent living
arrangement. If the court orders that a child who is 10 years of age
or older remain in foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the permanency review hearing. The court
shall also order termination of reunification services to the parent
or legal guardian. The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
(A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear and
convincing evidence that the best interests of the child would be met
by the provision of additional reunification services to a parent or
legal guardian who is making significant and consistent progress in
a court-ordered residential substance abuse treatment program, a
parent who was either a minor parent or a nonminor dependent parent
at the time of the initial hearing making significant and consistent
progress in establishing a safe home for the child's return, or a
parent recently discharged from incarceration, institutionalization,
or the custody of the United States Department of Homeland Security
and making significant and consistent progress in establishing a safe
home for the child's return, the court may continue the case for up
to six months for a subsequent permanency review hearing, provided
that the hearing shall occur within 24 months of the date the child
was originally taken from the physical custody of his or her parent
or legal guardian. The court shall continue the case only if it finds
that there is a substantial probability that the child will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended period
of time or that reasonable services have not been provided to the
parent or legal guardian. For the purposes of this section, in order
to find a substantial probability that the child will be returned to
the physical custody of his or her parent or legal guardian and
safely maintained in the home within the extended period of time, the
court shall be required to find all of the following:
(1) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(2) That the parent or legal guardian has made significant and
consistent progress in the prior 18 months in resolving problems that
led to the child's removal from the home.
(3) The parent or legal guardian has demonstrated the capacity
and ability both to complete the objectives of his or her substance
abuse treatment plan as evidenced by reports from a substance abuse
provider as applicable, or complete a treatment plan postdischarge
from incarceration, institutionalization, or detention, or following
deportation to his or her country of origin and his or her return to
the United States, and to provide for the child's safety, protection,
physical and emotional well-being, and special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court shall not order that a hearing pursuant to Section 366.26
be held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(c) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including when a tribal customary adoption is recommended,
shall be held, it 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 that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency options
of guardianship and adoption, including the long-term benefits and
consequences of each option, prior to establishing legal guardianship
or pursuing adoption. If the proposed permanent plan is guardianship
with an approved relative caregiver for a minor eligible for aid
under the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, the
relative caregiver shall be informed about the terms and conditions
of the negotiated agreement pursuant to Section 11387 and shall agree
to its execution prior to the hearing held pursuant to Section
366.26. A copy of the executed negotiated agreement shall be attached
to the assessment.
(d) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with an approved relative caregiver, and
juvenile court dependency is subsequently dismissed, the minor shall
be eligible for aid under the Kin-GAP Program, as provided for in
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
(e) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided for in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, "relative" as used in this section
has the same meaning as "relative" as defined in subdivision (c) of
Section 11391.
SEC. 12. Section 366.25 of the Welfare and Institutions Code is
amended to read:
366.25. (a) (1) When a case has been continued pursuant to
subdivision (b) of Section 366.22, the subsequent permanency review
hearing shall occur within 24 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. After considering the relevant and admissible
evidence, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the subsequent
permanency review hearing, the court shall consider the criminal
history, obtained pursuant to paragraph (1) of subdivision (f) of
Section 16504.5, of the parent or legal guardian subsequent to the
child's removal to the extent that the criminal record is
substantially related to the welfare of the child or parent's or
legal guardian's ability to exercise custody and control regarding
his or her child provided that the parent or legal guardian agreed to
submit fingerprint images to obtain criminal history information as
part of the case plan. The court shall also consider whether the
child can be returned to the custody of a parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental. In making
its determination, the court shall review and consider the social
worker's report and recommendations and the report and
recommendations of any child advocate appointed pursuant to Section
356.5; shall consider the efforts or progress, or both, demonstrated
by the parent or legal guardian and the extent to which he or she
availed himself or herself of services provided; and shall make
appropriate findings pursuant to subdivision (a) of Section 366.
(2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
(3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order that
a hearing be held pursuant to Section 366.26 in order to determine
whether adoption, or, in the case of an Indian child, tribal
customary adoption, guardianship, or, in the case of a child 16 years
of age or older when no other permanent plan is appropriate, another
planned permanent living arrangement 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.
However, if the court finds by clear and convincing evidence, based
on the evidence already presented to it, including a recommendation
by the State Department of Social Services when it is acting as an
adoption agency or by a county adoption agency, that there is a
compelling reason, as described in paragraph (5) of subdivision (g)
of Section 366.21, for determining that a hearing held under Section
366.26 is not in the best interest of the child because the child is
not a proper subject for adoption or, in the case of an Indian child,
tribal customary adoption, and has no one willing to accept legal
guardianship as of the hearing date, then the court may, only under
these circumstances, order that the child remain in foster care with
a permanent plan of return home, adoption, tribal customary adoption
in the case of an Indian child, legal guardianship, or placement with
a fit and willing relative, as appropriate. If the child is 16 years
of age or older or is a nonminor dependent, and no other permanent
plan is appropriate at the time of the hearing, the court may order
another planned permanent living arrangement, as described in
paragraph (2) of subdivision (i) of Section 16501. The court shall
make factual findings identifying any barriers to achieving the
permanent plan as of the hearing date. 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. The court may order that a nonminor dependent who otherwise
is eligible pursuant to Section 11403 remain in a planned, permanent
living arrangement. If the court orders that a child who is 10 years
of age or older remain in foster care, the court shall determine
whether the agency has made reasonable efforts to maintain the child'
s relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the subsequent permanency review hearing.
The court shall also order termination of reunification services to
the parent or legal guardian. The court shall continue to permit the
parent or legal guardian to visit the child unless it finds that
visitation would be detrimental to the child. The court shall
determine whether reasonable services have been offered or provided
to the parent or legal guardian. For purposes of this paragraph,
evidence of any of the following circumstances shall not, in and of
themselves, be deemed a failure to provide or offer reasonable
services:
(A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it 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 that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including a prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, including a prospective tribal
customary adoptive parent, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
(i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
(ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) Regardless of his or her immigration status, a relative
caregiver shall be given information regarding the permanency options
of guardianship and adoption, including the long-term benefits and
consequences of each option, prior to establishing legal guardianship
or pursuing adoption. If the proposed permanent plan is guardianship
with an approved relative caregiver for a minor eligible for aid
under the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, the
relative caregiver shall be informed about the terms and conditions
of the negotiated agreement pursuant to Section 11387 and shall agree
to its execution prior to the hearing held pursuant to Section
366.26. A copy of the executed negotiated agreement shall be attached
to the assessment.
(c) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
(d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program, as
provided in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, "relative" as used in this section has the
same meaning as "relative" as defined in subdivision (c) of Section
11391.
SEC. 13. Section 366.26 of the Welfare and Institutions Code is
amended to read:
366.26. (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
(b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:
(1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
(2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child's tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).
(3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
(4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.
(5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
(6) Order that the child be permanently placed with a fit and
willing relative, subject to the periodic review of the juvenile
court under Section 366.3.
(7) Order that the child remain in foster care, subject to the
conditions described in paragraph (4) of subdivision (c) and the
periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
(c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that it
is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not
likely the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for six
months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody of
the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental
rights. Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
(A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act of 1978
(25 U.S.C. Sec. 1903(2)).
(B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
(i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
(ii) A child 12 years of age or older objects to termination of
parental rights.
(iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
(iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
(v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
(vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
(I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership
rights.
(II) The child's tribe has identified guardianship, foster care
with a fit and willing relative, tribal customary adoption, or
another planned permanent living arrangement for the child.
(III) The child is a nonminor dependent, and the nonminor and the
nonminor's tribe have identified tribal customary adoption for the
nonminor.
(C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.
(D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii),
(iv), (v), or (vi), it shall state its reasons in writing or on the
record.
(2) The court shall not terminate parental rights if:
(A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
(B) In the case of an Indian child:
(i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.
(ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
(iii) The court has ordered tribal customary adoption pursuant to
Section 366.24.
(3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child, within the state or out of the state, within a period not to
exceed 180 days. During this 180-day period, the public agency
responsible for seeking adoptive parents for each child shall, to the
extent possible, ask each child who is 10 years of age or older, to
identify any individuals, other than the child's siblings, who are
important to the child, in order to identify potential adoptive
parents. The public agency may ask any other child to provide that
information, as appropriate. During the 180-day period, the public
agency shall, to the extent possible, contact other private and
public adoption agencies regarding the availability of the child for
adoption. During the 180-day period, the public agency shall conduct
the search for adoptive parents in the same manner as prescribed for
children in Sections 8708 and 8709 of the Family Code. At the
expiration of this period, another hearing shall be held and the
court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6)
of subdivision (b). For purposes of this section, a child may only be
found to be difficult to place for adoption if there is no
identified or available prospective adoptive parent for the child
because of the child's membership in a sibling group, or the presence
of a diagnosed medical, physical, or mental handicap, or the child
is seven years of age or more.
(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in clause (i), (ii), (iii),
(iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in
paragraph (2) applies, the court shall order that the present
caretakers or other appropriate persons shall become legal guardians
of the child, or, in the case of an Indian child, consider a tribal
customary adoption pursuant to Section 366.24. Legal guardianship
shall be considered before continuing the child in foster care under
any other permanent plan, if it is in the best interests of the child
and if a suitable guardian can be found. If the child continues in
foster care, the court shall make factual findings identifying any
barriers to achieving adoption, tribal customary adoption in the case
of an Indian child, legal guardianship, or placement with a fit and
willing relative as of the date of the hearing. A child who is 10
years of age or older, shall be asked to identify any individuals,
other than the child's siblings, who are important to the child, in
order to identify potential guardians or, in the case of an Indian
child, prospective tribal customary adoptive parents. The agency may
ask any other child to provide that information, as appropriate.
(B) (i) If the child is living with an approved relative who is
willing and capable of providing a stable and permanent environment,
but not willing to become a legal guardian as of the hearing date,
the court shall order a permanent plan of placement with a fit and
willing relative, and the child shall not be removed from the home if
the court finds the removal would be seriously detrimental to the
emotional well-being of the child because the child has substantial
psychological ties to the relative caretaker.
(ii) If the child is living with a nonrelative caregiver who is
willing and capable of providing a stable and permanent environment,
but not willing to become a legal guardian as of the hearing date,
the court shall order that the child remain in foster care with a
permanent plan of return home, adoption, legal guardianship, or
placement with a fit and willing relative, as appropriate. If the
child is 16 years of age or older, or a nonminor dependent, and no
other permanent plan is appropriate at the time of the hearing, the
court may order another planned permanent living arrangement, as
described in paragraph (2) of subdivision (i) of Section 16501.
Regardless of the age of the child, the child shall not be removed
from the home if the court finds the removal would be seriously
detrimental to the emotional well-being of the child because the
child has substantial psychological ties to the caregiver.
(iii) If the child is living in a group home or, on or after
January 1, 2017, a short-term residential treatment center, the court
shall order that the child remain in foster care with a permanent
plan of return home, adoption, tribal customary adoption in the case
of an Indian child, legal guardianship, or placement with a fit and
willing relative, as appropriate. If the child is 16 years of age or
older, or a nonminor dependent, and no other permanent plan is
appropriate at the time of the hearing, the court may order another
planned permanent living arrangement, as described in paragraph (2)
of subdivision (i) of Section 16501.
(C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
(5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, that
placement with a fit and willing relative is not appropriate as of
the hearing date, and that there are no suitable foster parents
except exclusive-use homes available to provide the child with a
stable and permanent environment, the court may order the care,
custody, and control of the child transferred from the county welfare
department to a licensed foster family agency. The court shall
consider the written recommendation of the county welfare director
regarding the suitability of the transfer. The transfer shall be
subject to further court orders.
The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
(d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by the
court prior to the appointment, and this shall be reflected in the
minutes of the court. The person preparing the assessment may be
called and examined by any party to the proceeding.
(e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the
appropriate permanent plan and the petition for adoption is filed in
the juvenile court. Upon the filing of a petition for adoption, the
juvenile court shall order that an adoption hearing be set. The court
shall proceed with the adoption after the appellate rights of the
natural parents have been exhausted. The full report required by
Section 8715 of the Family Code shall be read and considered by the
court prior to the adoption and this shall be reflected in the
minutes of the court. The person preparing the report may be called
and examined by any party to the proceeding. It is the intent of the
Legislature, pursuant to this subdivision, to give potential adoptive
parents the option of filing in the juvenile court the petition for
the adoption of a child who is a dependent of the juvenile court.
Nothing in this section is intended to prevent the filing of a
petition for adoption in any other court as permitted by law, instead
of in the juvenile court.
(2) In the case of an Indian child, if the Indian child's tribe
has elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the
public acts, records, judicial proceedings, and judgments of any
other entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who is
the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.
(3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal
customary adoption to the extent that the child cannot be
relinquished to a licensed adoption agency on the grounds that the
child is considered unadoptable, and of which condition the tribal
customary adoptive parent or parents had no knowledge or notice
before the entry of the tribal customary adoption order, a petition
setting forth those facts may be filed by the tribal customary
adoptive parent or parents with the juvenile court that granted the
tribal customary adoption petition. If these facts are proved to the
satisfaction of the juvenile court, it may make an order setting
aside the tribal customary adoption order. The set-aside petition
shall be filed within five years of the issuance of the tribal
customary adoption order. The court clerk shall immediately notify
the child's tribe and the department in Sacramento of the petition
within 60 days after the notice of filing of the petition. The
department shall file a full report with the court and shall appear
before the court for the purpose of representing the child. Whenever
a final decree of tribal customary adoption has been vacated or set
aside, the child shall be returned to the custody of the county in
which the proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child's tribe.
(f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
(1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.
(2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent. The public defender or private counsel may be appointed
as counsel for the parent.
(3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just. However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
(g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
(h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
(2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
(3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
(i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
(ii) The child is likely to be intimidated by a formal courtroom
setting.
(iii) The child is afraid to testify in front of his or her parent
or parents.
(B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.
(C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
(i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise as provided in
this chapter. After making the order, the juvenile court shall have
no power to set aside, change, or modify it, except as provided in
paragraph (2), but nothing in this section shall be construed to
limit the right to appeal the order.
(2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child's tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate, in
good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.
(3) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services, county adoption
agency, or licensed adoption agency that is responsible for custody
and supervision of the child as described in subdivision (j) and the
child stipulate that the child is no longer likely to be adopted. A
child over 12 years of age shall sign the petition in the absence of
a showing of good cause as to why the child could not do so. If it
appears that the best interests of the child may be promoted by
reinstatement of parental rights, the court shall order that a
hearing be held and shall give prior notice, or cause prior notice to
be given, to the social worker or probation officer and to the child'
s attorney of record, or, if there is no attorney of record for the
child, to the child, and the child's tribe, if applicable, by means
prescribed by subdivision (c) of Section 297. The court shall order
the child or the social worker or probation officer to give prior
notice of the hearing to the child's former parent or parents whose
parental rights were terminated in the manner prescribed by
subdivision (f) of Section 294 where the recommendation is adoption.
The juvenile court shall grant the petition if it finds by clear and
convincing evidence that the child is no longer likely to be adopted
and that reinstatement of parental rights is in the child's best
interest. If the court reinstates parental rights over a child who is
under 12 years of age and for whom the new permanent plan will not
be reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
(j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services, county adoption agency, or licensed adoption agency for
adoptive placement by the agency. However, except in the case of a
tribal customary adoption where there is no termination of parental
rights, a petition for adoption may not be granted until the
appellate rights of the natural parents have been exhausted. The
State Department of Social Services, county adoption agency, or
licensed adoption agency shall be responsible for the custody and
supervision of the child and shall be entitled to the exclusive care
and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.
(k) Notwithstanding any other law, the application of any person
who, as a relative caretaker or foster parent, has cared for a
dependent child for whom the court has approved a permanent plan for
adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications for
adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
(l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:
(A) A petition for extraordinary writ review was filed in a timely
manner.
(B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
(C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
(2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
(3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
(A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
(B) The prompt transmittal of the records from the trial court to
the appellate court.
(C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
(D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
(4) The intent of this subdivision is to do both of the following:
(A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant
to this section.
(B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
(m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
(n) (1) Notwithstanding Section 8704 of the Family Code or any
other law, the court, at a hearing held pursuant to this section or
anytime thereafter, may designate a current caretaker as a
prospective adoptive parent if the child has lived with the caretaker
for at least six months, the caretaker currently expresses a
commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services, county adoption agency, or licensed
adoption agency.
(2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
(A) Applying for an adoption home study.
(B) Cooperating with an adoption home study.
(C) Being designated by the court or the adoption agency as the
adoptive family.
(D) Requesting de facto parent status.
(E) Signing an adoptive placement agreement.
(F) Engaging in discussions regarding a postadoption contact
agreement.
(G) Working to overcome any impediments that have been identified
by the State Department of Social Services, county adoption agency,
or licensed adoption agency.
(H) Attending classes required of prospective adoptive parents.
(3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
(A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
(B) A hearing ordered pursuant to
this paragraph shall be held as soon as possible and not later than
five court days after the petition is filed with the court or the
court sets a hearing upon its own motion, unless the court for good
cause is unable to set the matter for hearing five court days after
the petition is filed, in which case the court shall set the matter
for hearing as soon as possible. At the hearing, the court shall
determine whether the caretaker has met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1), and whether the proposed removal of the child from the home of
the designated prospective adoptive parent is in the child's best
interest, and the child may not be removed from the home of the
designated prospective adoptive parent unless the court finds that
removal is in the child's best interest. If the court determines that
the caretaker did not meet the threshold criteria to be designated
as a prospective adoptive parent on the date of service of the notice
of proposed removal of the child, the petition objecting to the
proposed removal filed by the caretaker shall be dismissed. If the
caretaker was designated as a prospective adoptive parent prior to
this hearing, the court shall inquire into any progress made by the
caretaker towards the adoption of the child since the caretaker was
designated as a prospective adoptive parent.
(C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department, county
adoption agency, or licensed adoption agency, unless the caretaker
has been declared a de facto parent by the court prior to the notice
of removal served pursuant to paragraph (3).
(D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
(4) Notwithstanding paragraph (3), if the State Department of
Social Services, county adoption agency, or licensed adoption agency
determines that the child must be removed from the home of the
caretaker who is or may be a designated prospective adoptive parent
immediately, due to a risk of physical or emotional harm, the agency
may remove the child from that home and is not required to provide
notice prior to the removal. However, as soon as possible and not
longer than two court days after the removal, the agency shall notify
the court, the caretaker who is or may be a designated prospective
adoptive parent, the child's attorney, and the child, if the child is
10 years of age or older, of the removal. Within five court days or
seven calendar days, whichever is longer, of the date of notification
of the removal, the child, the child's attorney, or the caretaker
who is or may be a designated prospective adoptive parent may
petition for, or the court on its own motion may set, a noticed
hearing pursuant to paragraph (3). The court may, for good cause,
extend the filing period.
(5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
(6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
(7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
SEC. 14. 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) (1) 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.
(2) 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.
(3) 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 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, placed with a fit and willing relative, or, for an
Indian child, in consultation with the child's tribe, placed for
tribal customary adoption, or, if the child is 16 years of age or
older, and no other permanent plan is appropriate at the time of the
hearing, in another planned permanent living arrangement.
(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 14 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 successful adulthood.
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) (1) At the review held pursuant to subdivision (d) for a child
in 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, placed with a fit
and willing relative, or, if compelling reasons exist for finding
that none of the foregoing options are in the best interest of the
child and the child is 16 years of age or older, 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 as of the hearing date. 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 foster care, without
holding a hearing pursuant to Section 366.26. The court shall make
factual findings identifying any barriers to achieving the permanent
plan as of the hearing date. 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.
(2) When the child is 16 years of age or older and in another
planned permanent living arrangement, the court shall do all of the
following:
(A) Ask the child about his or her desired permanency outcome.
(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the child.
(C) State for the record the compelling reason or reasons why it
continues not to be in the best interest of the child to return home,
be placed for adoption, be placed for tribal customary adoption in
the case of an Indian child, be placed with a legal guardian, or be
placed with a fit and willing relative.
(3) When the child is 16 years of age or older and is in another
planned permanent living arrangement, the social study prepared for
the hearing shall include a description of all of the following:
(A) The intensive and ongoing efforts to return the child to the
home of the parent, place the child for adoption, or establish a
legal guardianship, as appropriate.
(B) The steps taken to do both of the following:
(i) Ensure that the child's care provider is following the
reasonable and prudent parent standard.
(ii) Determine whether the child has regular, ongoing
opportunities to engage in age or developmentally appropriate
activities, including consulting with the child about opportunities
for the child to participate in those activities.
(4) When the child is under 16 years of age and has a permanent
plan of return home, adoption, legal guardianship, or placement with
a fit and willing relative, any barriers to achieving the permanent
plan and the efforts made by the agency address those barriers.
(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, placement with a fit and
willing relative, or, for a child 16 years of age or older, another
planned permanent living arrangement 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 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. 15. Section 366.31 of the Welfare and Institutions Code is
amended to read:
366.31. (a) If a review hearing is the last review hearing to be
held before the minor attains 18 years of age, the court shall ensure
all of the following:
(1) The minor's case plan includes a plan for the minor to satisfy
one or more of the participation conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, so that
the minor is eligible to remain in foster care as a nonminor
dependent.
(2) The minor has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
(3) The minor is informed of his or her right to have dependency
reinstated pursuant to subdivision (e) of Section 388, and
understands the potential
benefits of continued dependency.
(b) At the review hearing that occurs in the six-month period
prior to the minor's attaining 18 years of age, and at every
subsequent review hearing for the nonminor dependent, as described in
subdivision (v) of Section 11400, the report shall describe all of
the following:
(1) The minor's and nonminor's plans to remain in foster care and
plans to meet one or more of the participation conditions as
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403 to continue to receive AFDC-FC benefits as a nonminor
dependent.
(2) The efforts made and assistance provided to the minor and
nonminor by the social worker or the probation officer so that the
minor and nonminor will be able to meet the participation conditions.
(3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
(c) The reviews conducted pursuant to this section for a nonminor
dependent shall be conducted in a manner that respects the nonminor's
status as a legal adult, focused on the goals and services described
in the youth's transitional independent living case plan, as
described in subdivision (y) of Section 11400, including efforts made
to maintain connections with caring and permanently committed
adults, and attended, as appropriate, by additional participants
invited by the nonminor dependent.
(d) For a nonminor dependent whose case plan is continued
court-ordered family reunification services pursuant to Section
361.6, the court shall consider whether the nonminor dependent may
safely reside in the home of the parent or guardian. If the nonminor
cannot reside safely in the home of the parent or guardian or if it
is not in the nonminor dependent's best interest to reside in the
home of the parent or guardian, the court must consider whether to
continue or terminate reunification services for the parent or legal
guardian.
(1) The review report shall include a discussion of all of the
following:
(A) Whether foster care placement continues to be necessary and
appropriate.
(B) The likely date by which the nonminor dependent may reside
safely in the home of the parent or guardian or will achieve
independence.
(C) Whether the parent or guardian and nonminor dependent were
actively involved in the development of the case plan.
(D) Whether the social worker or probation officer has provided
reasonable services designed to aid the parent or guardian to
overcome the problems that led to the initial removal of the nonminor
dependent.
(E) The extent of progress the parents or guardian have made
toward alleviating or mitigating the causes necessitating placement
in foster care.
(F) Whether the nonminor dependent and parent, parents, or
guardian are in agreement with the continuation of reunification
services.
(G) Whether continued reunification services are in the best
interest of the nonminor dependent.
(H) Whether there is a substantial probability that the nonminor
dependent will be able to safely reside in the home of the parent or
guardian by the next review hearing date.
(I) The efforts to maintain the nonminor's connections with caring
and permanently committed adults.
(J) The agency's compliance with the nonminor dependent's
transitional independent living case plan, including efforts to
finalize the nonminor's permanent plan and prepare the nonminor
dependent for independence.
(K) The progress in providing the information and documents to the
nonminor dependent as described in Section 391.
(2) The court shall inquire about the progress being made to
provide a permanent home for the nonminor, shall consider the safety
of the nonminor dependent, and shall determine all of the following:
(A) The continuing necessity for, and appropriateness of, the
placement.
(B) Whether the agency has made reasonable efforts to maintain
relationships between the nonminor dependent and individuals who are
important to the nonminor dependent.
(C) 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 create a safe home of the
parent or guardian for the nonminor to reside in or to complete
whatever steps are necessary to finalize the permanent placement of
the nonminor dependent.
(D) The extent of the agency's compliance with the nonminor
dependent's transitional independent living case plan, including
efforts to finalize the youth's permanent plan and prepare the
nonminor dependent for independence.
(E) The adequacy of services provided to the parent or guardian
and to the nonminor dependent. The court shall consider the progress
in providing the information and documents to the nonminor dependent
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.
(F) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(G) The likely date by which the nonminor dependent may safely
reside in the home of the parent or guardian or, if the court is
terminating reunification services, the likely date by which it is
anticipated the nonminor dependent will achieve independence, or, for
an Indian child, in consultation with the child's tribe, placed for
tribal customary adoption.
(H) Whether the agency has made reasonable efforts as required in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 366
to establish or maintain the nonminor dependent's relationship with
his or her siblings who are under the juvenile court's jurisdiction.
(I) The services needed to assist the nonminor dependent to make
the transition from foster care to successful adulthood.
(J) Whether or not reasonable efforts to make and finalize a
permanent placement for the nonminor have been made.
(3) If the court determines that a nonminor dependent may safely
reside in the home of the parent or former guardian, the court may
order the nonminor dependent to return to the family home. After the
nonminor dependent returns to the family home, the court may
terminate jurisdiction and proceed under applicable provisions of
Section 391 or continue jurisdiction as a nonminor under subdivision
(a) of Section 303 and hold hearings as follows:
(A) At every hearing for a nonminor dependent residing in the home
of the parent or guardian, the court shall set a hearing within six
months of the previous hearing. The court shall advise the parties of
their right to be present. At least 10 calendar days before the
hearing, the social worker or probation officer shall file a report
with the court describing the services offered to the family and the
progress made by the family in eliminating the conditions or factors
requiring court supervision. The report shall address all of the
following:
(i) Whether the parent or guardian and the nonminor dependent were
actively involved in the development of the case plan.
(ii) Whether the social worker or probation officer has provided
reasonable services to eliminate the need for court supervision.
(iii) The progress of providing information and documents to the
nonminor dependent as described in Section 391.
(B) The court shall inquire about progress being made, shall
consider the safety of the nonminor dependent, and shall determine
all of the following:
(i) The continuing need for court supervision.
(ii) The extent of the agency's compliance with the case plan in
making reasonable efforts to maintain a safe family home for the
nonminor dependent.
(C) If the court finds that court supervision is no longer
necessary, the court shall terminate jurisdiction under applicable
provisions of Section 391.
(e) For a nonminor dependent who is no longer receiving
court-ordered family reunification services and is in a permanent
plan of another planned permanent living arrangement, at the review
hearing held every six months pursuant to subdivision (d) of Section
366.3, the reviewing body shall inquire about the progress being made
to provide permanent connections with caring, committed adults for
the nonminor dependent, shall consider the safety of the nonminor,
shall consider the transitional independent living case plan, and
shall determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) The continuing appropriateness and extent of compliance with
the permanent plan for the nonminor dependent, including efforts to
identify and maintain relationships with individuals who are
important to the nonminor dependent.
(3) The extent of the agency's compliance with the nonminor
dependent's transitional independent living case plan, including
whether or not reasonable efforts have been made to make and finalize
the youth's permanent plan and prepare the nonminor dependent for
independence.
(4) Whether a prospective adoptive parent has been identified and
assessed as appropriate for the nonminor dependent's adoption under
this section, whether the prospective adoptive parent has been
informed about the terms of the written negotiated adoption
assistance agreement pursuant to Section 16120, and whether adoption
should be ordered as the nonminor dependent's permanent plan. If
nonminor dependent adoption is ordered as the nonminor dependent's
permanent plan, a hearing pursuant to subdivision (f) shall be held
within 60 days. When the court orders a hearing pursuant to
subdivision (f), it shall direct the agency to prepare a report that
shall include the provisions of paragraph (5) of subdivision (f).
(5) For the nonminor dependent who is an Indian child, whether, in
consultation with the nonminor's tribe, the nonminor should be
placed for tribal customary adoption.
(6) The adequacy of services provided to the nonminor dependent.
The court shall consider the progress in providing the information
and documents to the nonminor dependent 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 likely date by which it is anticipated the nonminor
dependent will achieve adoption or independence.
(8) Whether the agency has made reasonable efforts as required in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 366
to establish or maintain the nonminor dependent's relationship with
his or her siblings who are under the juvenile court's jurisdiction.
(9) The services needed to assist the nonminor dependent to make
the transition from foster care to successful adulthood.
(10) When the hearing described in this subdivision is held
pursuant to paragraph (3) or (4) of subdivision (d) of Section 366.3,
and the nonminor dependent has a permanent plan of another planned
permanent living arrangement, the court shall do all of the
following:
(A) Ask the nonminor dependent about his or her desired permanency
outcome.
(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the nonminor dependent.
(C) State for the record the compelling reason or reasons why it
continues not to be in the best interest of the nonminor dependent to
return home, be placed for adoption, be placed for tribal customary
adoption in the case of an Indian child, be placed with a legal
guardian, or be placed with a fit and willing relative.
(f) (1) At a hearing to consider a permanent plan of adoption for
a nonminor dependent, the court shall read and consider the report in
paragraph (5) and receive other evidence that the parties may
present. A copy of the executed negotiated agreement shall be
attached to the report. If the court finds pursuant to this section
that nonminor dependent adoption is the appropriate permanent plan,
it shall make findings and orders to do the following:
(A) Approve the adoption agreement and declare the nonminor
dependent is the adopted child of the adoptive parent, and that the
nonminor dependent and adoptive parents agree to assume toward each
other the legal relationship of parents and child and to have all of
the rights and be subject to all of the duties and responsibilities
of that relationship.
(B) Declare that the birth parents of the nonminor dependent are,
from the time of the adoption, relieved of all parental duties
toward, and responsibility for, the adopted nonminor dependent and
have no rights over the adopted nonminor dependent.
(2) If the court finds that the nonminor dependent and the
prospective adoptive parent have mutually consented to the adoption,
the court may enter the adoption order after it determines all of the
following:
(A) Whether the notice was given as required by law.
(B) Whether the nonminor dependent and prospective adoptive parent
are present for the hearing.
(C) Whether the court has read and considered the assessment
prepared by the social worker or probation officer.
(D) Whether the court considered the wishes of the nonminor
dependent.
(E) If the nonminor dependent is eligible, the prospective
adoptive parent has signed the negotiated adoption assistance
agreement pursuant to subdivision (g) of Section 16120, and whether a
copy of the executed negotiated agreement is attached to the report.
(F) Whether the adoption is in the best interest of the nonminor
dependent.
(3) If the court orders the establishment of the nonminor
dependent adoption, it shall dismiss dependency or transitional
jurisdiction.
(4) If the court does not order the establishment of the nonminor
dependent adoption, the nonminor dependent shall remain in a planned
permanent living arrangement subject to periodic review of the
juvenile court pursuant to this section.
(5) At least 10 calendar days before the hearing, the social
worker or probation officer shall file a report with the court and
provide a copy of the report to all parties. The report shall
describe the following:
(A) Whether or not the nonminor dependent has any developmental
disability and whether the proposed adoptive parent is suitable to
meet the needs of the nonminor dependent.
(B) The length and nature of the relationship between the
prospective adoptive parent and the nonminor dependent, including
whether the prospective adoptive parent has been determined to have
been established as the nonminor's permanent connection.
(C) Whether the nonminor dependent has been determined to be
eligible for the adoption assistance program and, if so, whether the
prospective adoptive parent has signed the negotiated adoption
assistance agreement pursuant to subdivision (g) of Section 16120.
(D) Whether a copy of the executed negotiated agreement is
attached to the report.
(E) Whether criminal background clearances were completed for the
prospective adoptive parent as required by Section 671(a)(20)(A) and
(a)(20)(C) of Title 42 of the United States Code.
(F) Whether the prospective adoptive parent who is married and not
legally separated from that spouse has the consent of the spouse,
provided that the spouse is capable of giving that consent.
(G) Whether the adoption of the nonminor dependent is in the best
interests of the nonminor dependent and the prospective adoptive
parent.
(H) Whether the nonminor dependent and the prospective adoptive
parent have mutually consented to the adoption.
(6) The social worker or probation officer shall serve written
notice of the hearing in the manner and to the persons set forth in
Section 295, including the prospective adoptive parent or parents,
except that notice to the nonminor's birth parents is not required.
(7) Nothing in this section shall prevent a nonminor dependent
from filing an adoption petition pursuant to Section 9300 of the
Family Code.
(g) Each licensed foster family agency shall submit reports for
each nonminor dependent in its care to the court concerning the
continuing appropriateness and extent of compliance with the nonminor
dependent's permanent plan, the extent of compliance with the
transitional independent living case plan, and the type and adequacy
of services provided to the nonminor dependent. The report shall
document that the nonminor has received all the information and
documentation described in paragraph (2) of subdivision (e) of
Section 391. If the court is considering terminating dependency
jurisdiction for a nonminor dependent it shall first hold a hearing
pursuant to Section 391.
(h) When the nonminor dependent is in another planned permanent
living arrangement, the social study prepared for the hearing held
under subdivision (e) shall include a description of all of the
following:
(1) The intensive and ongoing efforts to return the nonminor
dependent to the home of the parent, place the nonminor dependent for
adoption, or place the nonminor dependent with a fit and willing
relative, as appropriate.
(2) The steps taken to do both of the following:
(A) Ensure that the nonminor dependent's care provider is
following the reasonable and prudent parent standard.
(B) Determine whether the nonminor dependent has regular, ongoing
opportunities to engage in age or developmentally appropriate
activities, including consulting with the nonminor dependent about
opportunities for the nonminor dependent to participate in those
activities.
SEC. 16. Section 706.5 of the Welfare and Institutions Code is
amended to read:
706.5. (a) If placement in foster care is recommended by the
probation officer, or where the minor is already in foster care
placement or pending placement pursuant to an earlier order, the
social study prepared by the probation officer that is received into
evidence at disposition pursuant to Section 706 shall include a case
plan, as described in Section 706.6. If the court elects to hold the
first status review at the disposition hearing, the social study
shall also include, but not be limited to, the factual material
described in subdivision (c).
(b) If placement in foster care is not recommended by the
probation officer prior to disposition, but the court orders foster
care placement, the court shall order the probation officer to
prepare a case plan, as described in Section 706.6, within 30 days of
the placement order. The case plan shall be filed with the court.
(c) At each status review hearing, the social study shall include,
but not be limited to, an updated case plan as described in Section
706.6 and the following information:
(1) The continuing necessity for and appropriateness of the
placement.
(2) The extent of the probation department's compliance with the
case plan in making reasonable efforts to safely return the minor to
the minor's home or to complete whatever steps are necessary to
finalize the permanent placement of the minor.
(3) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.
(4) If the first permanency planning hearing has not yet occurred,
the social study shall include the likely date by which the minor
may be returned to and safely maintained in the home or placed for
adoption, appointed a legal guardian, permanently placed with a fit
and willing relative, or referred to another planned permanent living
arrangement.
(5) Whether the minor has been or will be referred to educational
services and what services the minor is receiving, including special
education and related services if the minor has exceptional needs as
described in Part 30 (commencing with Section 56000) of Division 4 of
Title 2 of the Education Code or accommodations if the child has
disabilities as described in Chapter 16 (commencing with Section 701)
of Title 29 of the United States Code Annotated. The probation
officer or child advocate shall solicit comments from the appropriate
local education agency prior to completion of the social study.
(6) If the parent or guardian is unwilling or unable to
participate in making an educational or developmental services
decision for his or her child, or if other circumstances exist that
compromise the ability of the parent or guardian to make educational
or developmental services decisions for the child, the probation
department shall consider whether the right of the parent or guardian
to make educational or developmental services decisions for the
minor should be limited. If the study makes that recommendation, it
shall identify whether there is a responsible adult available to make
educational or developmental services decisions for the minor
pursuant to Section 726.
(7) When the minor is 16 years of age or older and in another
planned permanent living arrangement, the social study shall include
a description of all of the following:
(A) The intensive and ongoing efforts to return the minor to the
home of the parent, place the minor for adoption, or establish a
legal guardianship, as appropriate.
(B) The steps taken to do both of the following:
(i) Ensure that the minor's care provider is following the
reasonable and prudent parent standard.
(ii) Determine whether the minor has regular, ongoing
opportunities to engage in age or developmentally appropriate
activities, including consulting with the minor about opportunities
for the minor to participate in the activities.
(8) When the minor is under 16 years of age and has a permanent
plan of return home, adoption, legal guardianship, or placement with
a fit and willing relative, the social study shall include a
description of any barriers to achieving the permanent plan and the
efforts made by the agency to address those barriers.
(d) At each permanency planning hearing, the social study shall
include, but not be limited to, an updated case plan as described in
Section 706.6, the factual material described in subdivision (c) of
this section, and a recommended permanent plan for the minor.
SEC. 17. 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 of this code 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) (1) The updated case plan prepared for a permanency planning
hearing shall include a recommendation for a permanent plan for the
minor. The identified permanent plan for a minor under 16 years of
age shall be return home, adoption, legal guardianship, or placement
with a fit and willing relative. The case plan shall identify any
barriers to achieving legal permanence and the steps the agency will
take to address those barriers.
(2) 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 for a minor 16 years of age or older, 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.
The case plan shall also identify the intensive and ongoing efforts
to return the minor to the home of the parent, place the minor for
adoption, establish a legal guardianship, or place the minor with a
fit and willing relative, as appropriate. Efforts shall include the
use of technology, including social media, to find biological family
members of the minor.
(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
successful adulthood.
SEC. 17.5. Section 706.6 of the Welfare and Institutions Code is
amended to read:
706.6. (a) Services to minors are best provided in a framework
that integrates service planning and delivery among multiple service
systems, including the mental health system, using a team-based
approach, such as a child and family team. A child and family team
brings together individuals that engage with the child or youth and
family in assessing, planning, and delivering services. Use of a team
approach increases efficiency, and thus reduces cost, by increasing
coordination of formal services and integrating the natural and
informal supports available to the child or youth and family.
(b) (1) For the purposes of this section, "child and family team"
has the same meaning as in paragraph (4) of subdivision (a) of
Section 16501.
(2) In its development of the case plan, the probation agency
shall consider any recommendations of the child and family team, as
defined in paragraph (4) of subdivision (a) of Section 16501. The
agency shall document the rationale for any inconsistencies between
the case plan and the child and family team recommendations.
(c) 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:
(1) A description of the circumstances that resulted in the minor
being placed under the supervision of the probation department and in
foster care.
(2) Documentation of the preplacement assessment of the minor's
and family's strengths and service needs showing that preventive
services have been provided, and that reasonable efforts to prevent
out-of-home placement have been made. The assessment shall include
the type of placement best equipped to meet those needs.
(3) (A) A description of the type of home or institution in which
the minor is to be placed, and the reasons for that placement
decision, including a discussion of the safety and appropriateness of
the placement, including the recommendations of the child and family
team, if available.
(B) An appropriate placement is a placement in the least
restrictive, most family-like environment that promotes normal
childhood experiences, in closest proximity to the minor's home, that
meets the minor's best interests and special needs.
(d) The following shall apply:
(1) The agency selecting a placement shall consider, in order of
priority:
(A) Placement with relatives, nonrelated extended family members,
and tribal members.
(B) Foster family homes and certified homes or resource families
of foster family agencies.
(C) Treatment and intensive treatment certified homes or resource
families of foster family agencies, or multidimensional treatment
foster homes or therapeutic foster care homes.
(D) Group care placements in the following order:
(i) Short-term residential treatment centers.
(ii) Group homes.
(iii) Community treatment facilities.
(iv) Out-of-state residential treatment pursuant to Part 5
(commencing with Section 7900) of Division 12 of the Family Code.
(2) Although the placement options shall be considered in the
preferential order specified in paragraph (1), the placement of a
child may be with any of these placement settings in order to ensure
the selection of a safe placement setting that is in the child's best
interests and meets the child's special needs.
(3) A minor may be placed into a community care facility licensed
as a short-term residential treatment center, as defined in
subdivision (ad) of Section 11400, provided the case plan indicates
that the placement is for the purposes of providing short-term,
specialized, and intensive treatment for the minor, the case plan
specifies the need for, nature of, and anticipated duration of this
treatment, and the case plan includes transitioning the minor to a
less restrictive environment and the projected timeline by which the
minor will be transitioned to a less restrictive environment.
(e) 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.
(f) 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.
(g) The projected date of completion of the case plan objectives
and the date services will be terminated.
(h) (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.
(i) (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 of this code 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.
(j) 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.
(k) A schedule of visits between the minor and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.
(l) 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.
(m) 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.
(n) (1) The updated case plan prepared for a permanency planning
hearing shall include a recommendation for a permanent plan for the
minor. The identified permanent plan for a minor under 16 years of
age shall be return home, adoption, legal guardianship, or placement
with a fit and willing relative. The case plan shall identify any
barriers to achieving legal permanence and the steps the agency will
take to address those barriers.
(2) 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 for a minor 16 years of age or older, 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.
The case plan shall also identify the intensive and ongoing efforts
to return the minor to the home of the parent, place the minor for
adoption, establish a legal guardianship, or place the minor with a
fit and willing relative, as appropriate. Efforts shall include the
use of technology, including social media, to find biological family
members of the minor.
(o) 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.
(p) 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.
(q) 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
successful adulthood.
SEC. 18. Section 727.2 of the Welfare and Institutions Code is
amended to read:
727.2. The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care who
has been declared a ward of the juvenile court pursuant to Section
601 or 602 and to ensure that everything reasonably possible is done
to facilitate the safe and early return of the minor to his or her
home or to establish an alternative permanent plan for the minor.
(a) If the court orders the care, custody, and control of the
minor to be under the supervision of the probation officer for
placement pursuant to subdivision (a) of Section 727, the juvenile
court shall order the probation department to ensure the provision of
reunification services to facilitate the safe return of the minor to
his or her home or the permanent placement of the minor, and to
address the needs of the minor while in foster care, except as
provided in subdivision (b).
(b) Reunification services need not be provided to a parent or
legal guardian if the court finds by clear and convincing evidence
that one or more of the following is true:
(1) Reunification services were previously terminated for that
parent or guardian, pursuant to Section 366.21, 366.22, or 366.25, or
not offered, pursuant to subdivision (b) of Section 361.5, in
reference to the same minor.
(2) The parent has been convicted of any of the following:
(A) Murder of another child of the parent.
(B) Voluntary manslaughter of another child of the parent.
(C) Aiding or abetting, attempting, conspiring, or soliciting to
commit that murder or manslaughter described in subparagraph (A) or
(B).
(D) A felony assault that results in serious bodily injury to the
minor or another child of the parent.
(3) The parental rights of the parent with respect to a sibling
have been terminated involuntarily, and it is not in the best
interest of the minor to reunify with his or her parent or legal
guardian.
If no reunification services are offered to the parent or
guardian, the permanency planning hearing, as described in Section
727.3, shall occur within 30 days of the date of the hearing at which
the decision is made not to offer services.
(c) The status of every minor declared a ward and ordered to be
placed in foster care shall be reviewed by the court no less
frequently than once every six months. The six-month time periods
shall be calculated from the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4. If the
court so elects, the court may declare the hearing at which the court
orders the care, custody, and control of the minor to be under the
supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727 at the first status review
hearing. It shall be the duty of the probation officer to prepare a
written social study report including an updated case plan, pursuant
to subdivision (b) of Section 706.5, and submit the report to the
court prior to each status review hearing, pursuant to subdivision
(b) of Section 727.4. The social study report shall include all
reports the probation officer relied upon in making his or her
recommendations.
(d) Prior to any status review hearing involving a minor in the
physical custody of a community care facility or foster family
agency, the facility or agency may provide the probation officer with
a report containing its recommendations. Prior to any status review
hearing involving the physical custody of a foster parent, relative
caregiver, preadoptive parent, or legal guardian, that person may
present to the court a report containing his or her recommendations.
The court shall consider all reports and recommendations filed
pursuant to subdivision (c) and pursuant to this subdivision.
(e) At any status review hearing prior to the first permanency
planning hearing, the court shall consider the safety of the minor
and make findings and orders which determine the following:
(1) The continuing necessity for and appropriateness of the
placement.
(2) The extent of the probation department's compliance with the
case plan in making reasonable efforts, or in the case of a child 16
years of age or older with another planned permanent living
arrangement, the ongoing and intensive efforts to safely return the
minor to the minor's home or to complete whatever steps are necessary
to finalize the permanent placement of the minor.
(3) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the minor. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the minor. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the minor, the court shall at the same time
appoint a responsible adult to make educational decisions for the
minor pursuant to Section 726.
(4) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.
(5) The likely date by which the minor may be returned to and
safely maintained in the home or placed for adoption, appointed a
legal guardian, permanently placed with a fit and willing relative,
or, if the minor is 16 years of age or older, referred to another
planned permanent living arrangement.
(6) In the case of a minor who has reached 16 years of age, the
court shall, in addition, determine the services needed to assist the
minor to make the transition from foster care to successful
adulthood.
The court shall make these determinations on a case-by-case basis
and reference in its written findings the probation officer's report
and any other evidence relied upon in reaching its decision.
(f) At any status review hearing prior to the first permanency
hearing, after considering the admissible and relevant evidence, the
court shall order return of the minor to the physical custody of his
or her parent or legal guardian unless the court finds, by a
preponderance of evidence, that the return of the minor to his or her
parent or legal guardian would create a substantial risk of
detriment to the safety, protection, or physical or emotional
well-being of the minor. The probation department shall have the
burden of establishing that detriment. In making its determination,
the court shall review and consider the social study report,
recommendations, and the case plan pursuant to subdivision (b) of
Section 706.5, the report and recommendations of any child advocate
appointed for the minor in the case, and any other reports submitted
to the court pursuant to subdivision (d), and shall consider the
efforts or progress, or both, demonstrated by the minor and family
and the extent to which the minor availed himself or herself of the
services provided.
(g) At all status review hearings subsequent to the first
permanency planning hearing, the court shall consider the safety of
the minor and make the findings and orders as described in paragraphs
(1) to (4), inclusive, and (6) of subdivision (e). The court shall
either make a finding that the previously ordered permanent plan
continues to be appropriate or shall order that a new permanent plan
be adopted pursuant to subdivision (b) of Section 727.3. However, the
court shall not order a permanent plan of "return to the physical
custody of the parent or legal guardian after further reunification
services are offered," as described in paragraph (2) of subdivision
(b) of Section 727.3.
(h) The status review hearings required by subdivision (c) may be
heard by an administrative review panel, provided that the
administrative panel meets all of the requirements listed in
subparagraph (B) of paragraph (7) of subdivision (d) of Section
727.4.
(i) (1) On and after January 1, 2012, at any status review hearing
at which a recommendation to terminate delinquency jurisdiction is
being considered, or at the status review hearing held closest to the
ward attaining 18 years of age, but no fewer than 90 days before the
ward's 18th birthday, the court shall consider whether to modify its
jurisdiction pursuant to Section 601 or 602 and assume transition
jurisdiction over the minor pursuant to Section 450. The probation
department shall address this issue in its report to the court and
make a recommendation as to whether transition jurisdiction is
appropriate for the minor.
(2) The court shall order the probation department or the minor's
attorney to submit an application to the child welfare services
department pursuant to Section 329 to declare the minor a dependent
of the court and modify its jurisdiction from delinquency to
dependency jurisdiction if it finds both of the following:
(A) The ward does not come within the description set forth in
Section 450, but jurisdiction as a ward may no longer be required.
(B) The ward appears to come within the description of Section 300
and cannot be returned home safely.
(3) The court shall set a hearing within 20 judicial days of the
date of its order issued pursuant to paragraph (2) to review the
decision of the child welfare services department and may either
affirm the decision not to file a petition pursuant to Section 300 or
order the child welfare services department to file a petition
pursuant to Section 300.
(j) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the minor
attains 18 years of age, the court shall ensure that the minor's
transitional independent living case plan includes a plan for the
minor to meet one or more of the criteria in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, so that the minor can
become a nonminor dependent, and that the minor has been informed of
his or her right to decline to become a nonminor dependent and to
seek termination of the court's jurisdiction pursuant to Section
607.2.
SEC. 19. Section 727.3 of the Welfare and Institutions Code is
amended to read:
727.3. The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care who
has been declared a ward of the juvenile court pursuant to Section
601 or 602 and to ensure that everything reasonably possible is done
to facilitate the safe and early return of the minor to his or her
own home or to establish an alternative permanent plan for the minor.
(a) (1) For every minor declared a ward and ordered to be placed
in foster care, a permanency planning hearing shall be conducted
within 12 months of the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.
Subsequent permanency planning hearings shall be conducted
periodically, but no less frequently than once every 12 months
thereafter during the period of placement. It shall be the duty of
the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a permanent
plan, pursuant to subdivision (c) of Section 706.5, and submit the
report to the court prior to each permanency planning hearing,
pursuant to subdivision (b) of Section 727.4.
(2) Prior to any permanency planning hearing involving a minor in
the physical custody of a community care facility or foster family
agency, the facility or
agency may file with the court a report containing its
recommendations, in addition to the probation officer's social study.
Prior to any permanency planning hearing involving the physical
custody of a foster parent, relative caregiver, preadoptive parent,
or legal guardian, that person may present to the court a report
containing his or her recommendations. The court shall consider all
reports and recommendations filed pursuant to this subdivision.
(3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court order
placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians.
(4) At each permanency planning hearing, the court shall order a
permanent plan for the minor, as described in subdivision (b). The
court shall also make findings, as described in subdivision (e) of
Section 727.2. In the case of a minor who has reached 16 years of age
or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care to
successful adulthood. The court shall make all of these
determinations on a case-by-case basis and make reference to the
probation officer's report, the case plan, or other evidence relied
upon in making its decisions.
(5) When the minor is 16 years of age or older, and is in another
planned permanent living arrangement, the court, at each permanency
planning hearing, shall do all of the following:
(A) Ask the minor about his or her desired permanency outcome.
(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the minor.
(C) State for the record the compelling reason or reasons why it
continues not to be in the best interest of the minor to return home,
be placed for adoption, be placed with a legal guardian, or be
placed with a fit and willing relative.
(b) At all permanency planning hearings, the court shall determine
the permanent plan for the minor. The court shall order one of the
following permanent plans, which are, in order of priority:
(1) Return of the minor to the physical custody of the parent or
legal guardian. After considering the admissible and relevant
evidence, the court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:
(A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.
(B) The court finds, by a preponderance of the evidence, that the
return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment. In
making its determination, the court shall review and consider the
social study report and recommendations pursuant to Section 706.5,
the report and recommendations of any child advocate appointed for
the minor in the case, and any other reports submitted pursuant to
paragraph (2) of subdivision (a), and shall consider the efforts or
progress, or both, demonstrated by the minor and family and the
extent to which the minor availed himself or herself of the services
provided.
(2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor and
his or her parent or legal guardian for a period not to exceed six
months and continue the case for up to six months for a subsequent
permanency planning hearing, provided that the subsequent hearing
shall occur within 18 months of the date the minor was originally
taken from the physical custody of his or her parent or legal
guardian. The court shall continue the case only if it finds that
there is a substantial probability that the minor will be returned to
the physical custody of his or her parent or legal guardian and
safely maintained in the home within the extended period of time or
that reasonable services have not been provided to the parent or
guardian. For purposes of this section, in order to find that there
is a substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian, the court
shall be required to find that the minor and his or her parent or
legal guardian have demonstrated the capacity and ability to complete
the objectives of the case plan.
The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.
The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.
(3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures described
in Section 727.31. The court shall only set a hearing pursuant to
Section 727.31 if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
When the court sets a hearing pursuant to Section 727.31, it shall
order that an adoption assessment report be prepared, pursuant to
subdivision (b) of Section 727.31.
(4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.
(5) Place the minor with a fit and willing relative. "Placement
with a fit and willing relative" means placing the minor with an
appropriate approved relative who is willing to provide a permanent
and stable home for the minor, but is unable or unwilling to become
the legal guardian. When a minor is placed with a fit and willing
relative, the court may authorize the relative to provide the same
legal consent for the minor's medical, surgical, and dental care, and
education as the custodial parent of the minor.
(6) (A) If he or she is 16 years of age or older, place the minor
in another planned permanent living arrangement. For purposes of this
section, "planned permanent living arrangement" means any permanent
living arrangement described in Section 11402 that is ordered by the
court for a minor 16 years of age or older when there is a compelling
reason or reasons to determine that it is not in the best interest
of the minor to have any permanent plan listed in paragraphs (1) to
(5), inclusive. These plans include, but are not limited to,
placement in a specific, identified foster family home, program, or
facility on a permanent basis, or placement in a transitional housing
placement facility. When the court places a minor in a planned
permanent living arrangement, the court shall specify the goal of the
placement, which may include, but shall not be limited to, return
home, emancipation, guardianship, or permanent placement with a
relative.
The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented to it
that there is a compelling reason, as defined in subdivision (c), for
determining that a plan of termination of parental rights and
adoption is not in the best interest of the minor.
(B) If the minor is under 16 years of age and the court finds by
clear and convincing evidence, based upon the evidence already
presented to it, that there is a compelling reason, as defined in
subdivision (c), for determining that a plan of termination of
parental rights and adoption is not in the best interest of the minor
as of the hearing date, the court shall order the minor to remain in
a foster care placement with a permanent plan of return home,
adoption, legal guardianship, or placement with a fit and willing
relative, as appropriate. The court shall make factual findings
identifying any barriers to achieving the permanent plan as of the
hearing date.
(c) A compelling reason for determining that a plan of termination
of parental rights and adoption is not in the best interest of the
minor is any of the following:
(1) Documentation by the probation department that adoption is not
in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not limited
to, documentation that:
(A) The minor is 12 years of age or older and objects to
termination of parental rights.
(B) The minor is 17 years of age or older and specifically
requests that transition to independent living with the
identification of a caring adult to serve as a lifelong connection be
established as his or her permanent plan. On and after January 1,
2012, this includes a minor who requests that his or her transitional
independent living case plan include modification of his or her
jurisdiction to that of dependency jurisdiction pursuant to
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2,
or to that of transition jurisdiction pursuant to Section 450, in
order to be eligible as a nonminor dependent for the extended
benefits pursuant to Section 11403.
(C) The parent or guardian and the minor have a significant bond,
but the parent or guardian is unable to care for the minor because of
an emotional or physical disability, and the minor's caregiver has
committed to raising the minor to the age of majority and
facilitating visitation with the disabled parent or guardian.
(D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor's treatment needs, and the minor's needs could not
be served by a less restrictive placement.
The probation department's recommendation that adoption is not in
the best interest of the minor shall be based on the present family
circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor's family circumstances
change.
(2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.
(3) Documentation by the probation department that the minor is an
unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude terminating
parental rights.
(4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not make
those efforts.
(5) Documentation by the probation department that the minor is
living with a relative who is unable or unwilling to adopt the minor
because of exceptional circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with a
stable and permanent home environment, and the removal of the minor
from the physical custody of his or her relative would be detrimental
to the minor's emotional well-being.
(d) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency or to a county adoption agency at any time while the minor is
a ward of the juvenile court if the department or county adoption
agency is willing to accept the relinquishment.
(e) Any change in the permanent plan of a minor placed with a fit
and willing relative or in a planned permanent living arrangement
shall be made only by order of the court pursuant to a Section 778
petition or at a regularly scheduled and noticed status review
hearing or permanency planning hearing. Any change in the permanent
plan of a minor placed in a guardianship shall be made only by order
of the court pursuant to a motion filed in accordance with Section
728.
SEC. 20. Section 10618.6 of the Welfare and Institutions Code is
amended to read:
10618.6. (a) (1) When a child in a foster care placement reaches
his or her 14th birthday, and each year thereafter, while the child
is under the jurisdiction of the juvenile court, the county welfare
department, county probation department, or, if an automated process
is available, the State Department of Social Services, shall inquire
of each of the three major credit reporting agencies as to whether
the child has any consumer credit history.
(2) If the State Department of Social Services makes the inquiry,
it shall notify the county welfare department or county probation
department in the county having jurisdiction over the child of the
results of that inquiry.
(3) Pursuant to the federal Child and Family Services Improvement
and Innovation Act (Public Law 112-34) and the federal Fair Credit
Reporting Act (15 U.S.C. Sec. 1681 et seq.), if an inquiry performed
pursuant to this subdivision indicates that a child has a consumer
credit history with any major credit reporting agency, the
responsible county welfare department or county probation department
shall request a consumer credit report from that credit reporting
agency.
(b) For a nonminor dependent, the county welfare department or
county probation department shall assist the young adult, on a yearly
basis while the nonminor dependent is under the jurisdiction of the
juvenile court, with requesting the consumer credit report from each
of the three major credit reporting agencies, pursuant to the free
annual disclosure provision of the federal Fair Credit Reporting Act
(15 U.S.C. Sec. 1681 et seq.).
(c) The county social worker or county probation officer shall
ensure that the child or nonminor dependent receives assistance with
interpreting the consumer credit report and resolving any
inaccuracies. The assistance may include, but is not limited to,
referring the youth to a governmental or nonprofit agency that
provides consumer credit services. This section does not require the
social worker or probation officer to be the individual providing the
direct assistance with interpreting the consumer credit disclosure
or resolving the inaccuracies.
(d) Notwithstanding any other law, in order to make an inquiry or
to request a consumer credit report for youth pursuant to this
section, the county welfare department, county probation department,
or, if an automated process is available, the State Department of
Social Services may release necessary information to a credit
reporting agency.
(e) No later than February 1, 2016, the State Department of Social
Services shall provide information to the Assembly Committee on
Budget, the Senate Budget and Fiscal Review Committee, and the
appropriate legislative policy committees regarding the
implementation of this section, including, but not limited to, any
state and county barriers to obtaining credit reports as required by
the federal Child and Family Services Improvement and Innovation Act
(Public Law 112-34).
SEC. 21. Section 11386 of the Welfare and Institutions Code is
amended to read:
11386. Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19 years
of age, as provided in Section 11403, under all of the following
conditions:
(a) The child satisfies both of the following requirements:
(1) He or she has been removed from his or her home pursuant to a
voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home would
be contrary to the welfare of the child.
(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section 11400)
while residing for at least six consecutive months in the approved
home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(b) Being returned to the parental home or being adopted are not
appropriate permanency options for the child.
(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to caring
permanently for the child and, with respect to the child who has
attained 12 years of age, the child has been consulted regarding the
kinship guardianship arrangement.
(d) The child has had a kinship guardianship established pursuant
to Section 360 or 366.26.
(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(f) If the conditions specified in subdivisions (a) to (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from the
home of the guardian, terminates the guardianship, or maintains
dependency jurisdiction after the court concludes the hearing on the
petition filed under Section 388.
(g) A child or nonminor former dependent or ward shall be eligible
for Kin-GAP payments if he or she meets one of the following age
criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4) He or she satisfies the conditions as described in subdivision
(h).
(h) Effective January 1, 2012, Kin-GAP payments shall continue for
youths who have attained 18 years of age and are under 19 years of
age, if they reached 16 years of age before the Kin-GAP negotiated
agreement payments commenced, and as described in Section 10103.5.
Effective January 1, 2013, Kin-GAP payments shall continue for youths
who have attained 18 years of age and are under 20 years of age, if
they reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced, and as described in Section 10103.5. Effective
January 1, 2014, Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced. To be eligible for continued payments, the youth
shall satisfy one or more of the conditions specified in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403.
(i) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP, unless the conditions of Section
11403 apply. However, if a successor guardian is appointed pursuant
to Section 366.3 who is also a kinship guardian, the successor
guardian shall be entitled to receive Kin-GAP on behalf of the child
pursuant to this article if the reason for the appointment of the
successor guardian is the death or incapacity of the kinship guardian
and the successor guardian is named in the kinship guardianship
assistance agreement or amendment to the agreement. A new period of
six months of placement with the successor guardian shall not be
required if that successor guardian has been assessed pursuant to
Sections 361.3 and 361.4 and the court terminates dependency
jurisdiction, subject to federal approval of amendments to the state
plan.
SEC. 22. 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 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 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 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 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
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 person related to
the identified child 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
(CWS/CMS) is implemented on a statewide basis.
SEC. 23. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child. The training shall include, but is
not limited to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency
options for relative or nonrelative extended family member
caregivers, including legal guardianship, the Kinship Guardianship
Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
SEC. 23.1. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caregiver as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child. The training shall include, but is
not limited to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 23.2. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child. The training shall include, but is
not limited to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
SEC. 23.3. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caregiver as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child. The training shall include, but is
not limited to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 24. Section 16118 of the Welfare and Institutions Code is
amended to read:
16118. (a) The department shall establish and administer the
program to be carried out by the department or the county pursuant to
this chapter. The department shall adopt any regulations necessary
to carry out the provisions of this chapter.
(b) The department shall keep the records necessary to evaluate
the program's effectiveness in encouraging and promoting the adoption
of children eligible for the Adoption Assistance Program.
(c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.
(d) The department shall actively seek and make maximum use of
federal funds that may be available for the purposes of this chapter.
In accordance with federal law, any savings realized from the change
in federal funding for adoption assistance resulting from the
enactment of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351) shall be spent
for the provision of foster care and adoption services, and the
counties shall annually report to the department how these savings
are spent, including any expenditures for postadoption services. Not
less than 30 percent of these savings shall be spent on postadoption
services, postguardianship services, and services to support and
sustain positive permanent outcomes for children who otherwise might
enter into foster care. Of that 30-percent amount, at least
two-thirds shall be spent on postadoption and postguardianship
services. The process for submitting this information shall be
developed by the department, in consultation with counties. All gifts
or grants received from private sources for the purpose of this
chapter shall be used to offset public costs incurred under the
program established by this chapter.
(e) For purposes of this chapter, the county responsible for
determining the child's Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that, at the time of
the adoptive placement, would otherwise be responsible for making a
payment pursuant to Section 11450 under the CalWORKs program or
Section 11461 under the Aid to Families with Dependent
Children-Foster Care program if the child were not adopted. When the
child has been voluntarily relinquished for adoption prior to a
determination of eligibility for this payment, the responsible county
shall be the county in which the relinquishing parent resides. The
responsible county for all other eligible children shall be the
county where the child is physically residing prior to placement with
the adoptive family. The responsible county shall certify
eligibility on a form prescribed by the department.
(f) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 25. Section 16131 of the Welfare and Institutions Code is
amended to read:
16131. It is the intent of the Legislature to conform state
statutes to federal legislation, including the Preventing Sex
Trafficking and Strengthening Families Act (Public Law 113-183) and
the Adoption and Safe Families Act of 1997 (Public Law 105-89), and
to reinvest any incentive payments received through implementation of
the federal act into the child welfare system in order to provide
adoption services and other legal permanency options for children.
SEC. 26. Section 16131.5 of the Welfare and Institutions Code is
amended to read:
16131.5. (a) The state shall reinvest adoption and guardianship
incentive payments received through the implementation of the federal
Fostering Connections to Success and Increasing Adoptions Act of
2008 (Public Law 110-351) and the Preventing Sex Trafficking and
Strengthening Families Act (Public Law 113-183) into the child
welfare system, in order to provide legal permanency outcomes for
older children, including, but not limited to, adoption,
guardianship, and reunification of children whose reunification
services were previously terminated.
(b) The incentive payments received pursuant to subdivision (a),
upon appropriation by the Legislature in the annual Budget Act or
another statute, shall be allocated by the State Department of Social
Services to the counties, and the department for a county in which
the department serves as an adoption agency, based on documented
increases in legal permanency outcomes for older children achieved by
each county, as determined by the department, in consultation with
counties, for the purposes specified in this section.
(c) A county, or the department when it acts as the adoption
agency for a county, shall use adoption and guardianship incentive
payment funds to improve or sustain legal permanency outcomes for
older children.
(d) Nothing in this section shall be construed to supplant funds
currently being spent on programs to provide legal permanency
outcomes.
SEC. 27. Section 16501 of the Welfare and Institutions Code is
amended to read:
16501. (a) As used in this chapter, "child welfare services"
means public social services which are directed toward the
accomplishment of any or all of the following purposes: protecting
and promoting the welfare of all children, including handicapped,
homeless, dependent, or neglected children; preventing or remedying,
or assisting in the solution of problems which may result in, the
neglect, abuse, exploitation, or delinquency
of children; preventing the unnecessary separation
of children from their families by identifying family problems,
assisting families in resolving their problems, and preventing
breakup of the family where the prevention of child removal is
desirable and possible; restoring to their families children who have
been removed, by the provision of services to the child and the
families; identifying children to be placed in suitable adoptive
homes, in cases where restoration to the biological family is not
possible or appropriate; and ensuring adequate care of children away
from their homes, in cases where the child cannot be returned home or
cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services,
including supportive transition services. The individual child's case
plan is the guiding principle in the provision of these services.
The case plan shall be developed within a maximum of 60 days of the
initial removal of the child or of the in-person response required
under subdivision (f) if the child has not been removed from his or
her home, or by the date of the dispositional hearing pursuant to
Section 358, whichever comes first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) (1) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, placement with a fit and willing
relative, or continued foster care placement, and, as needed, shall
include supportive transition services to nonminor dependents, as
described in subdivision (v) of Section 11400.
(2) For purposes of this section, "another planned permanent
living arrangement" means a permanent plan ordered by the court for a
child 16 years of age or older or a nonminor dependent, when there
is a compelling reason or reasons to determine that it is not in the
best interest of the child or nonminor dependent to return home, be
placed for adoption, be placed for tribal customary adoption in the
case of an Indian child, or be placed with a fit and willing
relative. Placement in a group home, or, on and after January 1,
2017, a short-term residential treatment facility, shall not be the
identified permanent plan for any child or nonminor dependent.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
SEC. 27.5. Section 16501 of the Welfare and Institutions Code is
amended to read:
16501. (a) (1) As used in this chapter, "child welfare services"
means public social services that are directed toward the
accomplishment of any or all of the following purposes: protecting
and promoting the welfare of all children, including disabled,
homeless, dependent, or neglected children; preventing or remedying,
or assisting in the solution of problems which may result in, the
neglect, abuse, exploitation, or delinquency of children; preventing
the unnecessary separation of children from their families by
identifying family problems, assisting families in resolving their
problems, and preventing breakup of the family where the prevention
of child removal is desirable and possible; restoring to their
families children who have been removed, by the provision of services
to the child and the families; identifying children to be placed in
suitable adoptive homes, in cases where restoration to the biological
family is not possible or appropriate; and ensuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
(2) "Child welfare services" also means services provided on
behalf of children alleged to be the victims of child abuse, neglect,
or exploitation. The child welfare services provided on behalf of
each child represent a continuum of services, including emergency
response services, family preservation services, family maintenance
services, family reunification services, and permanent placement
services, including supportive transition services. The individual
child's case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) if the child has not been removed
from his or her home, or by the date of the dispositional hearing
pursuant to Section 358, whichever comes first.
(3) "Child welfare services" are best provided in a framework that
integrates service planning and delivery among multiple service
systems, including the mental health system, using a team-based
approach, such as a child and family team. A child and family team
brings together individuals that engage with the child or youth and
family in assessing, planning, and delivering services consistent
with paragraph (1) of subdivision (d) of Section 16501.1. Use of a
team approach increases efficiency, and thus reduces cost, by
increasing coordination of formal services and integrating the
natural and informal supports available to the child or youth and
family.
(4) "Child and family team" means a group of individuals who are
convened by the placing agency and who are engaged through a variety
of team-based processes to identify the strengths and needs of the
child or youth and his or her family, and to help achieve positive
outcomes for safety, permanency, and well-being.
(A) The activities of the team shall include, but not be limited
to, both of the following:
(i) Providing input into the development of a child and family
plan that is strengths-based, needs-driven, and culturally relevant.
(ii) Providing input into the placement decision made by the
placing agency and the services to be provided in order to support
the child or youth.
(B) The child and family team process shall engage the child or
youth, the child's family, and other people important to the family
or to the child or youth in meeting the objectives set forth in
subparagraph (A). The child and family team shall also include
representatives who provide formal supports to the child or youth and
family when appropriate, including, but not limited to, the
caregiver, the placing agency caseworker, a representative from a
foster family agency or short-term residential treatment center with
which a child or youth is placed, a county mental health
representative, a representative from the regional center when the
child is eligible for regional center service, and a representative
of the child's or youth's tribe or Indian custodian, as applicable.
As appropriate, the child and family team also may include other
formal supports, such as substance use disorder treatment
professionals and educational professionals, providing services to
the child or youth and family. For purposes of this definition, the
child and family team also may include extended family and informal
support persons, such as friends, coaches, faith-based connections,
and tribes as identified by the child or youth and family. If
placement into a short-term residential treatment center or a foster
family agency that provides treatment services has occurred or is
being considered, the mental health representative is required to be
a licensed mental health professional. Any party to the child's case
who is represented by an attorney may consult with his or her
attorney regarding this process. The child or youth and his or her
family may request specific persons to be included on the child and
family team. Nothing shall preclude another agency serving the child
or youth from convening a team in collaboration with the placing
agency.
(5) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(6) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(7) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours, and, in order to preserve the
placement, may be extended up to 14 days in any one month pending the
development of policies and regulations in consultation with county
placing agencies and stakeholders. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Counties shall not
contract for needs assessment, client eligibility determination, or
any other activity as specified by regulations of the State
Department of Social Services, except as specifically authorized in
Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) (1) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, placement with a fit and willing
relative, or continued foster care placement, and, as needed, shall
include supportive transition services to nonminor dependents, as
described in subdivision (v) of Section 11400.
(2) For purposes of this section, "another planned permanent
living arrangement" means a permanent plan ordered by the court for a
child 16 years of age or older or a nonminor dependent, when there
is a compelling reason or reasons to determine that it is not in the
best interest of the child or nonminor dependent to return home, be
placed for adoption, be placed for tribal customary adoption in the
case of an Indian child, or be placed with a fit and willing
relative. Placement in a group home, or, on and after January 1,
2017, a short-term residential treatment facility, shall not be the
identified permanent plan for any child or nonminor dependent.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action that the county welfare director is permitted
to take following the establishment of a conviction may be taken when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal or when an order granting probation is made
suspending the imposition of sentence, notwithstanding a subsequent
order pursuant to Sections 1203.4 and 1203.4a of the Penal Code
permitting the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
SEC. 28. Section
16501.1 of the Welfare and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, detained
by the United States Department of Homeland Security, or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
Department of Homeland Security, or deportation during the time that
a minor child of that parent is involved in dependency care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is the
least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent's
home, proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, tribal members, and foster family homes, certified homes of
foster family agencies, intensive treatment or multidimensional
treatment foster care homes, group care placements, such as group
homes and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code.
(2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, the plan for transitioning the child to a less restrictive
environment, and the projected timeline by which the child will be
transitioned to a less restrictive environment. This section of the
case plan shall be reviewed and updated at least semiannually.
(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to successful adulthood. If admission to, or
continuation in, a group home placement is being considered for a
nonminor dependent, the group home placement approval decision shall
include a youth-driven, team-based case planning process, as defined
by the department, in consultation with stakeholders. The case plan
shall consider the full range of placement options, and shall specify
why admission to, or continuation in, a group home placement is the
best alternative available at the time to meet the special needs or
well-being of the nonminor dependent, and how the placement will
contribute to the nonminor dependent's transition to successful
adulthood. The case plan shall specify the treatment strategies that
will be used to prepare the nonminor dependent for discharge to a
less restrictive and more familylike setting, including a target date
for discharge from the group home placement. The placement shall be
reviewed and updated on a regular, periodic basis to ensure that
continuation in the group home remains in the best interests of the
nonminor dependent and that progress is being made in achieving case
plan goals leading to successful adulthood. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child in
group home placement is likely to remain in group home placement on
his or her 18th birthday, in order to expedite the transition to a
less restrictive and more familylike setting if he or she becomes a
nonminor dependent. The case planning process shall include informing
the youth of all of his or her options, including, but not limited
to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home is prohibited unless the nonminor dependent satisfies
the conditions of paragraph (5) of subdivision (b) of Section 11403,
and group home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the group
home placement to the nonminor dependent to alleviate or ameliorate
the medical condition, as described in paragraph (5) of subdivision
(b) of Section 11403, shall not constitute the sole basis to
disqualify a nonminor dependent from the group home placement.
(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home that
will meet the child's special needs and best interests shall also
promote educational stability by taking into consideration proximity
to the child's school of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing
conducted pursuant to Section 366.26, but no less frequently than
once every six months. Each updated case plan shall include a
description of the services that have been provided to the child
under the plan and an evaluation of the appropriateness and
effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services/Case
Management System (CWS/CMS) to account for the 60-day timeframe for
preparing a written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home 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 child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) 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:
(A) An assurance 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.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and 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.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance up to 21 years of age pursuant to Section 11403,
the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and signed
by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) (A) If the case plan has as its goal for the child a
permanent plan of adoption or legal guardianship, it shall include a
statement of the child's wishes regarding their permanent placement
plan and an assessment of those stated wishes. The agency shall also
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, or a legal guardian, and to finalize the adoption
or legal guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
Regardless of whether the child has been freed for adoption,
documentation shall include a description of any barriers to
achieving legal permanence and the steps the agency will take to
address those barriers. If the plan is for kinship guardianship, the
case plan shall document how the child meets the kinship guardianship
eligibility requirements.
(B) When the child is 16 years of age or older and is in another
planned permanent living arrangement, the case plan shall identify
the intensive and ongoing efforts to return the child to the home of
the parent, place the child for adoption, place the child for tribal
customary adoption in the case of an Indian child, establish a legal
guardianship, or place the child nonminor dependent with a fit and
willing relative, as appropriate. Efforts shall include the use of
technology, including social media, to find biological family members
of the child.
(16) (A) (i) For a child who is 14 or 15 years of age, the case
plan shall include a written description of the programs and services
that will help the child, consistent with the child's best
interests, to prepare for the transition from foster care to
successful adulthood. The description may be included in the document
described in subparagraph (A) of paragraph (18).
(ii) When appropriate, for a child who is 16 years of age or older
and, commencing January 1, 2012, for a nonminor dependent, the case
plan shall include the transitional independent living plan (TILP), a
written description of the programs and services that will help the
child, consistent with the child's best interests, to prepare for the
transition from foster care to successful adulthood, and, in
addition, whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Immigrant Juvenile Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the
transitional independent living case plan, as described in
subdivision (v) of Section 11400, shall include the TILP, a written
description of the programs and services that will help the nonminor
dependent, consistent with his or her best interests, to prepare for
transition from foster care and assist the youth in meeting the
eligibility criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. If applicable, the case plan
shall describe the individualized supervision provided in the
supervised independent living placement as defined in subdivision (w)
of Section 11400. The case plan shall be developed with the child or
nonminor dependent and individuals identified as important to the
child or nonminor dependent, and shall include steps the agency is
taking to ensure that the child or nonminor dependent achieves
permanence, including maintaining or obtaining permanent connections
to caring and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), whether during that period foster care maintenance payments
are being made on the child's behalf or the child is receiving
benefits or services under Section 477 of the federal Social Security
Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency
staff or probation officer and other representatives of the
participant, as appropriate, shall provide the youth or nonminor with
assistance and support in developing the written 90-day transition
plan, that is personalized at the direction of the child, information
as detailed as the participant elects that shall include, but not be
limited to, options regarding housing, health insurance, education,
local opportunities for mentors and continuing support services, and
workforce supports and employment services, a power of attorney for
health care, and information regarding the advance health care
directive form.
(C) For youth 14 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at no
charge to the youth and that any results were provided to the youth.
For nonminor dependents, the case plan shall include documentation
that the county assisted the nonminor dependent in obtaining his or
her reports. The case plan shall include documentation of barriers,
if any, to obtaining the credit reports. If the consumer credit
report reveals any accounts, the case plan shall detail how the
county ensured the youth received assistance with interpreting the
credit report and resolving any inaccuracies, including any referrals
made for the assistance.
(17) For youth 14 years of age or older and nonminor dependents,
the case plan shall be developed in consultation with the youth. At
the youth's option, the consultation may include up to two members of
the case planning team who are chosen by the youth and who are not
foster parents of, or caseworkers for, the youth. The agency, at any
time, may reject an individual selected by the youth to be a member
of the case planning team if the agency has good cause to believe
that the individual would not act in the youth's best interest. One
individual selected by the youth to be a member of the case planning
team may be designated to be the youth's adviser and advocate with
respect to the application of the reasonable and prudent parent
standard to the youth, as necessary.
(18) For youth in foster care 14 years of age and older and
nonminor dependents, the case plan shall include both of the
following:
(A) A document that describes the youth's rights with respect to
education, health, visitation, and court participation, the right to
be annually provided with copies of his or her credit reports at no
cost while in foster care pursuant to Section 10618.6, and the right
to stay safe and avoid exploitation.
(B) A signed acknowledgment by the youth that he or she has been
provided a copy of the document and that the rights described in the
document have been explained to the youth in an age-appropriate
manner.
(19) The case plan for a child or nonminor dependent who is, or
who is at risk of becoming, the victim of commercial sexual
exploitation, shall document the services provided to address that
issue.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan
documentation on sibling placements required under this section
shall not require modification of existing case plan forms until the
Child Welfare Services/Case Management System (CWS/CMS) is
implemented on a statewide basis.
(i) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan shall
include an 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
social worker or probation officer 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 or
probation officer shall make efforts to identify other individuals
who are important to the child, consistent with the child's best
interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent's
caregiver shall be provided with a copy of the nonminor's TILP.
(k) Each county shall ensure that the total number of visits made
by caseworkers on a monthly basis to children in foster care during a
federal fiscal year is not less than 95 percent of the total number
of those visits that would occur if each child were visited once
every month while in care and that the majority of the visits occur
in the residence of the child. The county child welfare and probation
departments shall comply with data reporting requirements that the
department deems necessary to comply with the federal Child and
Family Services Improvement Act of 2006 (Public Law 109-288) and the
federal Child and Family Services Improvement and Innovation Act of
2011 (Public Law 112-34).
SEC. 28.5. Section 16501.1 of the Welfare and Institutions Code is
amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(3) The agency shall consider the recommendations of the child and
family team, as defined in paragraph (4) of subdivision (a) of
Section 16501, if any are available. The agency shall document the
rationale for any inconsistencies between the case plan and the child
and family team recommendations.
(b) (1) A case plan shall be based upon the principles of this
section and the input from the child and family team.
(2) The case plan shall document that a preplacement assessment of
the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made. Preplacement
services may include intensive mental health services in the home or
a community setting and the reasonable efforts made to prevent out-of
home placement.
(3) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(4) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, detained
by the United States Department of Homeland Security, or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
Department of Homeland Security, or deportation during the time that
a minor child of that parent is involved in dependency care.
(5) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(6) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) If out-of-home placement is used to attain case plan goals,
the case plan shall consider the recommendations of the child and
family team.
(d) (1) The case plan shall include a description of the type of
home or institution in which the child is to be placed, and the
reasons for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is
the least restrictive family setting that promotes normal childhood
experiences and the most appropriate setting that meets the child's
individual needs and is available, in proximity to the parent's home,
in proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, and tribal members; foster family homes, resource families,
and nontreatment certified homes of foster family agencies; followed
by treatment and intensive treatment certified homes of foster family
agencies; or multidimensional treatment foster care homes or
therapeutic foster care homes; group care placements in the order of
short-term residential treatment centers, group homes, community
treatment facilities, and out-of-state residential treatment pursuant
to Part 5 (commencing with Section 7900) of Division 12 of the
Family Code.
(2) If a short-term intensive treatment center placement is
selected for a child, the case plan shall indicate the needs of the
child that necessitate this placement, the plan for transitioning the
child to a less restrictive environment, and the projected timeline
by which the child will be transitioned to a less restrictive
environment. This section of the case plan shall be reviewed and
updated at least semiannually.
(A) The case plan for placements in a group home, or commencing
January 1, 2017, in a short-term residential treatment center, shall
indicate that the county has taken into consideration Section
16010.8.
(B) After January 1, 2017, a child and family team meeting as
defined in Section 16501 shall be convened by the county placing
agency for the purpose of identifying the supports and services
needed to achieve permanency and enable the child or youth to be
placed in the least restrictive family setting that promotes normal
childhood experiences.
(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to successful adulthood. If admission to, or
continuation in, a group home or short-term residential treatment
center placement is being considered for a nonminor dependent, the
group home or short-term residential treatment center placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation with
stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent's transition to successful adulthood. The case
plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive
family setting that promotes normal childhood experiences, including
a target date for discharge from the group home placement. The
placement shall be reviewed and updated on a regular, periodic basis
to ensure that continuation in the group home placement remains in
the best interests of the nonminor dependent and that progress is
being made in achieving case plan goals leading to successful
adulthood. The group home placement planning process shall begin as
soon as it becomes clear to the county welfare department or
probation office that a foster child in group home placement is
likely to remain in group home placement on his or her 18th birthday,
in order to expedite the transition to a less restrictive family
setting that promotes normal childhood experiences, if he or she
becomes a nonminor dependent. The case planning process shall include
informing the youth of all of his or her options, including, but not
limited to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home placement is prohibited unless the nonminor dependent
satisfies the conditions of paragraph (5) of subdivision (b) of
Section 11403, and group home placement functions as a short-term
transition to the appropriate system of care. Treatment services
provided by the group home placement to the nonminor dependent to
alleviate or ameliorate the medical condition, as described in
paragraph (5) of subdivision (b) of Section 11403, shall not
constitute the sole basis to disqualify a nonminor dependent from the
group home placement.
(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home that
will meet the child's special needs and best interests shall also
promote educational stability by taking into consideration proximity
to the child's school of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
(e) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing
conducted pursuant to Section 366.26, but no less frequently than
once every six months. Each updated case plan shall include a
description of the services that have been provided to the child
under the plan and an evaluation of the appropriateness and
effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services/Case
Management System (CWS/CMS) to account for the 60-day timeframe for
preparing a written case plan.
(f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(g) The case plan shall be developed considering the
recommendations of the child and family team, as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home 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 child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) A case plan shall ensure the educational stability of the
child while in foster care and shall include both of the following:
(A) An assurance 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.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and 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.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance up to 21 years of age pursuant to Section 11403,
the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and signed
by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) (A) If the case plan has as its goal for the child a
permanent plan of adoption or legal guardianship, it shall include a
statement of the child's wishes regarding their permanent placement
plan and an assessment of those stated wishes. The agency shall also
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, or a legal guardian, and to finalize the adoption
or legal guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
Regardless of whether the child has been freed for adoption,
documentation shall include a description of any barriers to
achieving legal permanence and the steps the agency will take to
address those barriers. If the plan is for kinship guardianship, the
case plan shall document how the child meets the kinship guardianship
eligibility requirements.
(B) When the child is 16 years of age or older and is in another
planned permanent living arrangement, the case plan shall identify
the intensive and ongoing efforts to return the child to the home of
the parent, place the child for adoption, place the child for tribal
customary adoption in the case of an Indian child, establish a legal
guardianship, or place the child nonminor dependent with a fit and
willing relative, as appropriate. Efforts shall include the use of
technology, including social media, to find biological family members
of the child.
(16) (A) (i) For a child who is 14 or 15 years of age, the case
plan shall include a written description of the programs and services
that will help the child, consistent with the child's best
interests, to prepare for the transition from foster care to
successful adulthood. The description may be included in the document
described in subparagraph (A) of paragraph (18).
(ii) When appropriate, for a child who is 16 years of age or older
and, commencing January 1, 2012, for a nonminor dependent, the case
plan shall include the transitional independent living plan (TILP), a
written description of the programs and services that will help the
child, consistent with the child's best interests, to prepare for the
transition from foster care to successful adulthood, and, in
addition, whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Immigrant Juvenile Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the
transitional independent living case plan, as described in
subdivision (v) of Section 11400, shall include the TILP, a written
description of the programs and services that will help the nonminor
dependent, consistent with his or her best interests, to prepare for
transition from foster care and assist the youth in meeting the
eligibility criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. If applicable, the case plan
shall describe the individualized supervision provided in the
supervised independent living placement as defined in subdivision (w)
of Section 11400. The case plan shall be developed with the child or
nonminor dependent and individuals identified as important to the
child or nonminor dependent, and shall include steps the agency is
taking to ensure that the child or nonminor dependent achieves
permanence, including maintaining or obtaining permanent connections
to caring and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), whether during that period foster care maintenance payments
are being made on the
child's behalf or the child is receiving benefits or services under
Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677),
a caseworker or other appropriate agency staff or probation officer
and other representatives of the participant, as appropriate, shall
provide the youth or nonminor dependent with assistance and support
in developing the written 90-day transition plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services, a power of attorney for
health care, and information regarding the advance health care
directive form.
(C) For youth 14 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at no
charge to the youth and that any results were provided to the youth.
For nonminor dependents, the case plan shall include documentation
that the county assisted the nonminor dependent in obtaining his or
her reports. The case plan shall include documentation of barriers,
if any, to obtaining the credit reports. If the consumer credit
report reveals any accounts, the case plan shall detail how the
county ensured the youth received assistance with interpreting the
credit report and resolving any inaccuracies, including any referrals
made for the assistance.
(17) For youth 14 years of age or older and nonminor dependents,
the case plan shall be developed in consultation with the youth. At
the youth's option, the consultation may include up to two members of
the case planning team who are chosen by the youth and who are not
foster parents of, or caseworkers for, the youth. The agency, at any
time, may reject an individual selected by the youth to be a member
of the case planning team if the agency has good cause to believe
that the individual would not act in the youth's best interest. One
individual selected by the youth to be a member of the case planning
team may be designated to be the youth's adviser and advocate with
respect to the application of the reasonable and prudent parent
standard to the youth, as necessary.
(18) For youth in foster care 14 years of age and older and
nonminor dependents, the case plan shall include both of the
following:
(A) A document that describes the youth's rights with respect to
education, health, visitation, and court participation, the right to
be annually provided with copies of his or her credit reports at no
cost while in foster care pursuant to Section 10618.6, and the right
to stay safe and avoid exploitation.
(B) A signed acknowledgment by the youth that he or she has been
provided a copy of the document and that the rights described in the
document have been explained to the youth in an age-appropriate
manner.
(19) The case plan for a child or nonminor dependent who is, or
who is at risk of becoming, the victim of commercial sexual
exploitation, shall document the services provided to address that
issue.
(h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services/Case Management System
(CWS/CMS) is implemented on a statewide basis.
(j) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan shall
include an 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
social worker or probation officer 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, or may seek that information from the
child and family team, as appropriate. The social worker or probation
officer shall make efforts to identify other individuals who are
important to the child, consistent with the child's best interests.
(k) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent's
caregiver shall be provided with a copy of the nonminor's TILP.
(l) Each county shall ensure that the total number of visits made
by caseworkers on a monthly basis to children in foster care during a
federal fiscal year is not less than 95 percent of the total number
of those visits that would occur if each child were visited once
every month while in care and that the majority of the visits occur
in the residence of the child. The county child welfare and probation
departments shall comply with data reporting requirements that the
department deems necessary to comply with the federal Child and
Family Services Improvement Act of 2006 (Public Law 109-288) and the
federal Child and Family Services Improvement and Innovation Act of
2011 (Public Law 112-34).
SEC. 29. Section 16501.35 is added to the Welfare and Institutions
Code, immediately following Section 16501.3, to read:
16501.35. (a) On or before September 29, 2016, county child
welfare agencies and probation departments shall implement policies
and procedures that require social workers and probation officers to
do all of the following:
(1) Identify children receiving child welfare services, including
dependents or wards in foster care, nonminor dependents, and youth
receiving services pursuant to Section 677 of Title 42 of the United
States Code, who are, or are at risk of becoming, victims of
commercial sexual exploitation.
(2) Document individuals identified pursuant to paragraph (1) in
the Child Welfare Services/Case Management System and any other
agency record as determined by the county.
(3) Determine appropriate services for the child or youth
identified pursuant to paragraph (1).
(4) Receive relevant training in the identification,
documentation, and determination of appropriate services for any
child or youth identified in paragraph (1).
(b) County child welfare agencies and probation departments shall
develop and implement specific protocols to expeditiously locate any
child missing from foster care. At a minimum, these policies shall do
all of the following:
(1) Describe the efforts used by county child welfare or probation
staff to expeditiously locate any child or nonminor dependent
missing from care, including, but not limited to, the timeframe for
reporting missing youth, the individuals or entities entitled to
notice that a youth is missing, any required initial and ongoing
efforts to locate youth, and plans to return youth to placement.
(2) Require the social worker or probation officer to do all of
the following:
(A) Determine the primary factors that contributed to the child or
nonminor dependent running away or otherwise being absent from care.
(B) Respond to factors identified in paragraph (2) in subsequent
placements, to the extent possible.
(C) Determine the child's or nonminor dependent's experiences
while absent from care.
(D) Determine whether the child or nonminor dependent is a
possible victim of commercial sexual exploitation.
(E) Document the activities and information described in
subparagraphs (A) to (D), inclusive, for federal reporting purposes,
consistent with instructions from the department.
(c) In consultation with stakeholders, including, but not limited
to, the County Welfare Directors Association of California, the Chief
Probation Officers of California, former foster youth, and child
advocacy organizations, the department shall develop model policies,
procedures, and protocols to assist the counties to comply with this
section. In addition, the department shall consult with the
California Department of Education, the State Department of Health
Care Services, state and local law enforcement, and agencies with
experience serving children and youth at risk of commercial sexual
exploitation in the development of the model policies and procedures
described in subdivision (a).
(d) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters or similar instructions until regulations
are adopted.
SEC. 30. Section 16501.45 is added to the Welfare and Institutions
Code, to read:
16501.45. (a) To ensure compliance with federal reporting
requirements, including those of Public Law 113-183, the Preventing
Sex Trafficking and Strengthening Families Act, the State Department
of Social Services shall ensure that the Child Welfare Services/Case
Management System is capable of collecting all of the following
information:
(1) The number of dependent children or wards in foster care who
were victims of commercial sexual exploitation before entering foster
care.
(2) The number of dependent children or wards in foster care who
became victims of commercial sexual exploitation while in foster
care.
(3) The number of dependent children or wards in foster care who
go missing, run away, or are otherwise absent from care and were
commercially sexually exploited during the time away from placement.
(4) The number of dependent children or wards in foster care who
are at risk of becoming victims of commercial sexual exploitation.
(5) For children in foster care placed in group homes or
short-term residential treatment centers, the data identified in
Section 679b(a)(7)(A) of Title 42 of the United States Code.
(6) Data regarding children and nonminor dependents in foster care
who are pregnant or parenting, as required by Section 679b(a)(7)(B)
of Title 42 of the United States Code.
(b) County social workers and probation officers shall collect the
data identified in subdivision (a) consistent with data entry
instructions provided by the department.
(c) Upon the request of the department, a county child welfare
agency, county probation department, or entity operating a program
pursuant to an agreement with the department under Section 10553.1,
shall provide additional information or data necessary for the
department to comply with federal reporting requirements.
SEC. 31. Section 16519.51 is added to the Welfare and Institutions
Code, to read:
16519.51. Notwithstanding any other law, preapproval training for
a resource family applicant and annual training for an approved
resource family shall include training on knowledge and skills
related to the application of the reasonable and prudent parent
standard for the participation of the child in age or developmentally
appropriate activities, as set forth in Section 1522.4 of the Health
and Safety Code.
SEC. 32. (a) Sections 10.5 and 11.5 of this bill incorporate
amendments to Sections 366.21 and 366.22 of the Welfare and
Institutions Code proposed by both this bill and Senate Bill 68. They
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2016, (2) each bill amends
Sections 366.21 and 366.22 of the Welfare and Institutions Code, and
(3) this bill is enacted after Senate Bill 68, in which case Sections
10 and 11 of this bill shall not become operative.
(b) Sections 17.5, 27.5, and 28.5 of this bill incorporate
amendments to Sections 706.6, 16501, and 16501.1 of the Welfare and
Institutions Code proposed by both this bill and Assembly Bill 403.
They shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2016, (2) each bill amends
Sections 706.6, 16501, and 16501.1 of the Welfare and Institutions
Code, and (3) this bill is enacted after Assembly Bill 403, in which
case Sections 17, 27, and 28 of this bill shall not become operative.
(c) (1) Section 23.1 of this bill incorporates amendments to
Section 16003 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 403. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 16003 of the Welfare and
Institutions Code, and (3) Senate Bill 238 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after Assembly Bill 403, in which case Sections 23, 23.2, and 23.3 of
this bill shall not become operative.
(2) Section 23.2 of this bill incorporates amendments to Section
16003 of the Welfare and Institutions Code proposed by both this bill
and Senate Bill 238. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 16003 of the Welfare and Institutions
Code, (3) Assembly Bill 403 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Senate Bill
238 in which case Sections 23, 23.1, and 23.3 of this bill shall not
become operative.
(3) Section 23.3 of this bill incorporates amendments to Section
16003 of the Welfare and Institutions Code proposed by this bill,
Assembly Bill 403, and Senate Bill 238. It shall only become
operative if (1) all three bills are enacted and become effective on
or before January 1, 2016, (2) all three bills amend Section 16003 of
the Welfare and Institutions Code, and (3) this bill is enacted
after Assembly Bill 403 and Senate Bill 238, in which case Sections
23, 23.1, and 23.2 of this bill shall not become operative.
SEC. 33. Except as required by Section 36 of Article XIII of the
California Constitution, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because this act implements a federal law or regulation
and results only in costs mandated by the federal government, within
the meaning of Section 17556 of the Government Code.
